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_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, JULY 31, 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 I. CITY MANAGER’S REPORT J. CITY ATTORNEY’S REPORT 7:00 Attorney-Client Session K. PUBLIC REMARKS L. COMMISSION REPORTS, DISCUSSION & REMARKS 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2 M. CONSENT AGENDA 1. A Resolution authorizing the City Manager to enter into an agreement with FirstSouthwest as the City’s Financial Advisor to analyze the City’s financial position with respect to bond refinancing. 3/5 (City Manager-Finance) 2. A Resolution relating to budget; authorizing a transfer of $50,000 from account No. 001.1310.513.9920, City Manager General Contingency to account No. 001.1500.514.3410, City Attorney Other Contractual Service. 3/5 (City Manager-Finance) 3. A Resolution authorizing the City Manager to expend an amount not to exceed $15,000 for the installation and one-year maintenance of oak trees within City boundaries in accordance with the City’s tree planting initiative by Crodon Inc. (City Manager-Parks & Recreation) 3/5 4. A Resolution authorizing the City Manager to execute a construction contract with Maggolc, Inc. in the amount of $20,163 for Improvements to 5801 Sunset Drive Alley to be charged to the People’s Transportation Plan Account Number 124-1730-541-6490. 3/5 (City Manager-Public Works) 5. A Resolution appointing Deltravis Williams to serve on the Charter Review Committee for a term ending July 24, 2013 as per Resolution No. 147-12-13704. (Commissioner Welsh) 3/5 6. A Resolution appointing Hector Fernandez to serve on the Planning Board for a term ending July 30, 2014. 3/5 (Commissioner Newman) 7. A Resolution urging and encouraging the Florida State Legislature to enact legislation banning the marketing, possession, trafficking and furnishing of “bath salts” containing dangerous synthetic drugs. 3/5 (Commissioner Harris) 8. A Resolution authorizing the City Manager to execute an agreement with Squire, Sanders & Dempsey, LLP to represent the City as bond counsel for the tax- exempt loan to refinance City’s Florida Municipal Loan Council Series 2001A and Series 2002A Loans with a fixed attorney fee of $20,000. 3/5 (City Manager) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 N. RESOLUTIONS 8a. A Resolution authorizing the City Attorney to hire outside legal counsel to intervene on the City's behalf in the FPL rate case before the Florida Public Services Commission and approving the terms, conditions and provisions. 3/5 (Mayor Stoddard) O. RESOLUTION(S) PUBLIC HEARING(S) P. ORDINANCE(S) SECOND READING PUBLIC HEARING(S) Q. ORDINANCE(S) FIRST READING (CONT’D) DUE TO THE BACK-TO-BACK MEETINGS, THE FOLLOWING ORDINANCES, IF APPROVED ON 7-31-12, WILL GO ON THE 8-21-12 MEETINHG FOR SECOND READING 9. An Ordinance amending Section 20-3.6(J)(1)(c) and (e) of the City’s Land Development Code, swimming pool rear-yard setback requirements. 3/5 (City Manager-Planning & Zoning) 10. 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 (City Manager-Planning & Zoning) 11. An Ordinance amending the Land Development Code, Section 20-6.1(C)(I)(a) and (b) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Board. 3/5 (City Manager-Planning & Zoning) R. ADJOURNMENT 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 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 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. 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.”