_agenda 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1
CITY OF SOUTH MIAMI
City Commission Hector Mirabile, Ph.D
Philip K. Stoddard, Ph.D, Mayor City Manager
Josh Liebman, Vice Mayor Maria M. Menendez, CMC
Valerie Newman, Commissioner City Clerk
Walter Harris, Commissioner Thomas F. Pepe, Esq.
Bob Welsh, Commissioner City Attorney
CITY COMMISSION MEETING AGENDA
TUESDAY, MAY 1, 2012, 7:30 PM
CITY HALL/COMMISSION CHAMBERS
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA
A. SILENCE OR TURN OFF ALL CELL PHONES
B. ADD-ON ITEM(S)
C. ROLL CALL
D. MOMENT OF SILENCE
E. PLEDGE OF ALLEGIANCE
F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE
BEEN REGISTERED WITH THE CITY CLERK
G. PRESENTATIONS
H. APPROVAL OF MINUTES
a) Minutes of March 20, 2012
b) Minutes of March 27, 2012 (Special)
c) Minutes of March 27, 2012 (Special)
d) Minutes of April 3, 2012
e) Minutes of April 17, 2012
I. CITY MANAGER’S REPORT
J. CITY ATTORNEY’S REPORT
K. PUBLIC REMARKS
L. COMMISSION REPORTS, DISCUSSION & REMARKS
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UNFINISHED BUSINESS
M. ORDINANCE(S) SECOND READING PUBLIC HEARING(S)
1. An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a)
and (b) and (3)(b) concerning membership and powers and duties of the
Environmental Review and Preservation Board. 3/5
(Commissioner Harris)
N. ORDINANCE(S) FIRST READING
2. An Ordinance establishing a moratorium on multifamily development in excess of
three units within the City of South Miami, pending the completion of
appropriate studies of concerning absorption and vacancy rates as well as
transportation, recreation and open space concurrency, accessibility for
emergency and public service vehicular traffic, the adequacy of drainage
facilities, and the impact on the availability of water and wastewater
facilities; providing for exemptions, procedures, judicial review and a specific
time limit, as well as other ancillary maters. 3/5
(City Commission-Res. No. 69-12-13626)
3. An Ordinance amending South Miami Land Development Code, article VI, section 20-
6.2 (A) and (B) concerning the procedures and stay of proceedings for the review of or
appeals from the decisions of the Environmental Review and Preservation Board. 3/5
(Commissioner Harris)
END OF UNFINISHED BUSINESS
O. CONSENT AGENDA
4. A Resolution of the City of South Miami to the Environmental Protection Agency
Administrator Lisa P. Jackson in support of reducing greenhouse gas pollution
under the Clean Air Act. 3/5
(Mayor Stoddard)
5. A Resolution of the City of South Miami supporting Central Everglades Planning
Project. 3/5
(Mayor Stoddard)
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6. A Resolution authorizing the City Manager to purchase 7 laptop computers for
the South Miami Police Department, expending $7,112.00 from account #120-
3404-521-5205 (Edward Byrne Memorial Justice Assistance Grant) and $136.50
from account number #001-1910-521-5205 (Police Department, Computer
Supplies). 3/5
(City Manager-Police)
7. A Resolution authorizing the City Manager to purchase Automatic Vehicle
Locators (AVL’s) for the Uniform Patrol vehicles, (4 devices) from SunGard Public
Sector, a sole source vendor, using account #615-1910-521-3450 (Federal
Forfeiture Contractual Services) in the amount of $3,200.00. 3/5
(City Manager-Police)
8. A Resolution relating to budget; authorizing a transfer of $710.53 from account
No. 001-1310-513-9920 City Manager General Contingency to account No. 001-
1310-513-5205 Operating Supplies / Computer Equipment. 3/5
(City Manager-IT)
9. A Resolution relating to budget; authorizing a transfer of $4,190.62 from account
No. 001-1310-513-9920 City Manager General Contingency to account No. 001-
1340-513-5205 Operating Supplies / Computer Equipment. 3/5
(City Manager-IT)
10. A Resolution authorizing the City Manager to execute a contract relating to
Special Magistrate services; appointing Harold V. Hickey, Esquire, as an
additional Special Magistrate for the City of South Miami at a rate of $100.00 per
hour; authorizing expenses to be charged to account number 001-1640-524-
3111 (Code Enforcement Professional Services Special Magistrate). 3/5
(City Manager-Code Enforcement)
11. A Resolution authorizing the City Manager to execute a contract relating to
Special Magistrate services; appointing Lewis S. Kimler, Esquire, as an additional
Special Magistrate for the City of South Miami at a rate of $100.00 per hour;
authorizing expenses to be charged to account number 001-1640-524-3111,
(Code Enforcement Professional Services Special Magistrate). 3/5
(City Manager-Code Enforcement)
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12. A Resolution authorizing the City Manager to expend $10,688, through Game
Wear, for the purchase of 150 uniforms for the South Miami Grey Ghosts
Football Team, utilizing account 001-2000-572-5630. 3/5
(City Manager-Parks & Recreation)
13. A Resolution authorizing the City finance department to accept checks issued by
hospitals who use the services of the South Miami Health Facilities Authority
(SMHFA), account for the funds in a pass thru line item account, issue checks to
pay the SMHFA expenses and directing the City Manager to authorize and issue
checks for SMHFA expenses. 3/5
(City Manager-Finance)
14. A Resolution declaring the attached personal property listing as “surplus” by the
City Commission. 3/5
(City Manager-Central Services)
15. A Resolution directing the City Manager to seek an extension of the December
31, 2012 deadline imposed by the pool construction grant for “substantial
completion” of the pool and to obtain a legally binding definition of “substantial
completion” from the entity that administers the grant. 3/5
(Commissioner Welsh)
P. RESOLUTION(S) PUBLIC HEARING(S)
Q. RESOLUTION(S)
16. A Resolution revising the language within section 2 of Resolution 75-12-13632 to
define the cap on the cost of operations to include and be increased by the
revenue generated by the pool without increasing the City’s obligation. 3/5
(City Manager)
17. A Resolution authorizing the City Manager to issue a check in the amount of
$15,275.00 to Christian Moya for wages and a check in the amount of $8,225.00
to Elissa Gainsurg, Esq. for attorney’s fees in settlement of the case of Christian
Moya vs. City of South Miami, Case No. 10-24579-CIV-SCOLA/SIMONTON. 3/5
(City Attorney)
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18. A Resolution of the City of South Miami, Florida, opposing the proposed base
rate increase by Florida Power and Light; authorizing the Mayor to file this
resolution with the Florida Public Service Commission; providing for distribution
by the City Clerk. (Deferred 4/17/12) 3/5
(Mayor Stoddard)
19. A Resolution instructing the City Clerk to cease the forwarding of One Way
Communication of a Commissioner to other members of the City Commission or
to the City Attorney. 3/5
(Commissioner Newman)
20. A Resolution appointing a member to serve on the South Miami Community
Redevelopment Agency (SMCRA) Board for a two-year term ending May 3,
2014. 3/5
(City Commission)
R. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) (CONT’D)
21. An Ordinance relating to the City's Historic Preservation Board, amending Section
20-6.1(D)(4)(a)I and iii; changing the number of members required to constitute
a quorum from five members to three members. 3/5
(City Manager-Planning & Zoning)
22. An Ordinance amending the South Miami Code of Ordinances, Article I, Section 2-
2.1(G)(2), to authorize the Mayor to participate in the discussion and debate of all issues.
(Commissioner Welsh) 3/5
S. ORDINANCE(S) FIRST READING (CONT’D)
23. An Ordinance amending the Future Land Use Map of the South Miami
Comprehensive Plan by changing the future land use map category from
Multiple-Family Residential (Four Story) to Low Density Multiple-Family
Residential (Two Story) for an area identified as the Lee Park Condominiums
located within the block bounded on the north by SW 68 Street, on the east by
SW 59 Place, on the south by SW 69 Street and on west by SW 62 Avenue
including properties more specifically described in Section 1 of this ordinance.
4/5
(City Manager-Planning & Zoning)
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24. An Ordinance of the Mayor and City Commission of the City of South Miami
Florida, amending the Future Land Use Map of the South Miami Comprehensive
Plan by changing the future land use map category from Multiple-Family
Residential (Four Story) to Low Density Multiple-Family Residential (Two Story)
for properties identified as the Red Road Apartments located at and specifically
legally described as 6404 SW 57 Avenue (Folio No. 09-4025-015-0010) and 6504
SW 57 Avenue (Folio No. 09-4025-015-0020). 4/5
(City Manager-Planning & Zoning)
25. An Ordinance of the Mayor and City Commission of the City of South Miami
Florida, amending the Future Land Use Map of the South Miami Comprehensive
Plan by changing the future land use map category from Multi-Family Residential
(Four Story) to Low Density Multiple-Family Residential (Two Story) for
properties identified as the South Miami Gardens Apartments located at 5949
SW 68th Street (Folio # 09-4025-063-0010), and 5961 SW 68th Street (Folio # 09-
4025-063-0020). 4/5
(City Manager-Planning & Zoning)
T. ADJOURNMENT
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 FLORIDA STATUTE 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
PROCEEDINGS 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.
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.”