12-18-07 AgendaSouth Miami
All- America City
200
MAYOR: Horace G. Feliu CITY MANAGER: Yvonne S. McKinley
MICE MAYOR: Randy G. Wiscombe CITY ATTORNFY: Luis Fgueredo
COMMISSIONER: Velma Palmer CITY CLERK: Maria M. Menendez
COMMISSIONER: Marie BiAs
COMMISSIONER: Jay Beekman
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: December 18, 2007
Next Regular Meeting date: January 8, 2008
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM
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 $125.00. 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. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Lobbyists addressing the City Commission tonight must have
been registered with the City Clerk as indicated above:
E. Presentation(s) 7:00 p.m.
1) Bike Giveaway Poem /Short -Story Contest
2) Officers of the Month: Officer Jesus Aguiar (August 2007)
Officer Michael Weissberg (September 2007)
Detective Richard Munoz (October 2007)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
REGULAR CITY COMMISSION 1
AGENDA - DECEMBER 18, 2007
1. Approval of Minutes
a) Minutes of November 27, 2007
b) Minutes of December 4, 2007
2. City Manager's Report
a) Vendors over $5,000
3. City Attorney's Report
PUBLIC REMARKS
CONSENT
4. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE UP TO $1,500.00 FROM THE POLICE
DEPARTMENT'S STATE FORFEITURE FUND; TRAVEL, PER DIEM &
CONFERENCE; ACCOUNT # 608 - 1910 - 521 -4070; FOR A POLICE
EXPLORER OVERNIGHT CAMPING TRIP TO LION COUNTRY SAFARI
DURING THE 2007 HOLIDAY BREAK; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE UP TO $1,500 FROM
THE POLICE DEPT'S STATE FORFEITURE FUND FOR A POLICE EXPLORER OVERNIGHT
CAMPING TRIP TO LION COUNTRY SAFARI DURING THE 2007 HOLIDAY BREAK; ACCT
W /CURRENT BAL$1,500)
(City Manager)
S. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT
AND EXECUTE ALL APPLICABLE CONTRACTS AND DOCUMENTS
RELATING TO THE FEDERAL DRUG CONTROL AND SYSTEM
IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY FY 2007/08 FOR
$3,976.00; TO DESIGNATE $1,325.00 FROM THE POLICE STATE
FORFEITURE MISCELLANEOUS ACCOUNT # 608 - 1910 - 521 -9960, AS
MATCHING FUNDS REQUIRED BY THE GRANT; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE
CONTRACTS AND DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL AND SYSTEM
IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY FY 07108 FOR $3,976; TO DESIGNATE
$1,325 FROM THE POLICE STATE FORFEITURE ACCT AS MATCHING FUNDS REQUIRED,
ACCT W /CURRENT BAL$8,864)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
PURCHASE OF TRAINING AND DUTY AMMUNITION FOR THE POLICE
DEPARTMENT FROM FLORIDA BULLET INC. CHARGING THE
$9778.00 TO ACCOUNT NUMBER 1910 -521 -5210, (SUPPLIES);
PROVIDING FOR AN EFFECTIVE DATE. 3/5
REGULAR CITY COMMISSION 2
AGENDA - DECEMBER 18, 2007
(A RESOLUTION AUTHORIZING THE PURCHASE OF TRAINING AND DUTY AMMUNITION FOR
THE POLICE DEPARTMENT FROM FLORIDA BULLET INC. CHARGING THE $9778.00 TO
ACCT NUMBER 1910 - 521 -5210 W /CURRENT BAL$9,778)
(City Manager)
7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ACCEPT, IF AWARDED, MONEY THRU THE FLORIDA DEPARTMENT
OF LAW ENFORCEMENT FROM THE UNITED STATES DEPARTMENT OF
JUSTICE, EDWARD BYRNE MEMORIAL ASSISTANCE GRANT PROGRAM
(JAG) FROM FEBRUARY 1, 2008 THRU JULY 31, 2008; IN THE
AMOUNT OF $10,000.00 FOR THE PURPOSE OF
IMPROVING /UPGRADING THE POLICE DEPARTMENT'S PAPERLESS
SYSTEM OF CRIMINAL JUSTICE REPORTING; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT MONEY THRU THE FLA
DEPT OF LAW ENFORCEMENT FROM THE US DEPT OF JUSTICE GRANT PROGRAM (JAG)
FROM FEB 1, 2008 THRU JULY 31, 2008; IN THE AMT OF $10,000.00 FOR THE
PURPOSE OF IMPROVING /UPGRADING THE POLICE DEPT'S PAPERLESS SYSTEM OF
CRIMINAL JUSTICE REPORTING)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A WORK ORDER TO MC HARRY & ASSOCIATES
(MCH) FOR PROFESSIONAL ARCHITECTURAL /ENGINEERING MASTER
PLANNING SERVICES FOR THE CITY'S SOUTH MIAMI (YMCA) PARK
IN AN AMOUNT OF $49,386 TO BE CHARGED TO ACCOUNT NUMBER
001- 2100 - 519 -3457; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO MC
HARRY & 'ASSOCIATES FOR PROFESSIONAL ARCHITECTURAL /ENGINEERING MASTER
PLANNING SERVICES FOR THE YMCA PARK IN AN AMT OF $49,386 TO BE CHARGED TO
ACCT NUMBER 001 - 2100 - 519 -3457 W /CURRENT BAL$90,000)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI , FLORIDA AUTHORIZING THE CITY
MANAGER TO ISSUE A LETTER TO T.Y. LYNN /HJ ROSS
CONFIRMING A ONE -YEAR EXTENSION OF THE NOVEMBER 30, 2004
PROFESSIONAL SERVICE AGREEMENT, PROVIDING AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO T. Y. LYNN /HJ
ROSS CONFIRMING A ONE -YR EXTENSION OF THE 11130104 PROFESSIONAL SERVICE
AGREEMENT)
(City Manager)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI , FLORIDA AUTHORIZING THE CITY
MANAGER TO ISSUE A LETTER TO CORZO CASTELLA CARBALLO
THOMPSON SALMAN (C3TS) CONFIRMING A ONE -YEAR EXTENSION
REGULAR CITY COMMISSION 3
AGENDA - DECEMBER 18, 2007
OF THE NOVEMBER 30, 2004 PROFESSIONAL SERVICE AGREEMENT,
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A LETTER TO (C3TS)
CONFIRMING A ONE -YR EXTENSION OF THE 11130104 PROFESSIONAL SERVICE
AGREEMENT)
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $22,108.83; CHARGING
$22,108.83 TO ACCOUNT NO. 001 - 1500 - 514 -3410, LEGAL
SERVICES, LITIGATION SPECIAL PROJECTS AND COSTS;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $22,108.83;
CHARGING THE LEGAL SERVICES, LITIGATION SPECIAL PROJECTS AND COSTS ACCT
W /CURRENT BAL$124, 766. 68)
(City Attorney)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A PURCHASE AGREEMENT FOR THE
ACQUISITION OF THE PROPERTY LOCATED AT 6790 SUNSET
DRIVE, SOUTH MIAMI, FLORIDA AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PURCHASE
AGREEMENT FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 6790 SUNSET DR)
(Commissioner Birts)
RESOLUTION (S)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS;
PROVIDING FOR DELEGATION OF RESPONSIBILITY OF THE
CANVASSING COMMITTEE FOR THE FEBRUARY 12, 2008 GENERAL
ELECTION; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Deferred 12104107)
(A RESOLUTION PROVIDING FOR DELEGATION OF RESPONSIBILITY OF THE CANVASSING
COMMITTEE FOR THE FEBRUARY 12, 2008 GENERAL ELECTION)
(Mayor Feliu)
ORDINANCE (S) SECOND READING PUBLIC NEARING (S)
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE;
AMENDING CHAPTER 11, SECTIONS 11 -2 THROUGH 11 -17;
PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR
REGULAR CITY COMMISSION 4
AGENDA - DECEMBER 18, 2007
COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS
AND FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT;
PROVIDING FOR TRANSFERABILITY OF FRANCHISES; PROVIDING
FOR FIVE YEAR FRANCHISES; LIMITATIONS ON CONTRACTS;
PROVISION OF LICENSING FEES FOR TEMPORARY ROLLOFF
CONTAINERS AND HAZARDOUS, BIO- HAZARDOUS WASTE OR
SPECIALIZED WASTE COLLECTORS; APPLICATION PROCEDURES;
FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE
STANDARDS, PROVIDING FOR CODE ENFORCEMENT PROCEDURES;
APPEAL OF CITY MANAGER DECISION TO DENY FRANCHISE TO BE
HEARD BY CITY COMMISSION; ENFORCEMENT AND REGULATIONS;
SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT AND
ADMINISTRATIVE FINES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Approved on 1St Reading 11/27/07)
(City Manager)
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATED TO THE CITY OF SOUTH MIAMI
CITY CODE, AMENDING SECTION 2.26.12 ENTITLED "GREEN TASK
FORCE," IN ORDER TO MODIFY THE MEMBERSHIP AND
CHAIRPERSON SELECTION PROCESS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
16. AN ORDINANCE
OF THE MAYOR
AND CITY COMMISSION OF THE
CITY OF SOUTH
MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE
SOUTH MIAMI CODE OF ORDINANCES BY ADDING
SECTION 7 -15
"DEMOLITION
REQUIREMENT
STANDARDS;"
PROVIDING
SEVERABILITY,
ORDINANCES IN
CONFLICT, AND
AN EFFECTIVE
DATE.
3/5
(Vice Mayor
Wiscombe)
17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL
BUILDING LOCATED AT 5700 SUNSET DRIVE AS AN HISTORIC
SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION
OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE
DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. (Approved on 1St Reading 11106107) 3/5
(City Manager)
REGULAR CITY COMMISSION 5
AGENDA - DECEMBER 18, 2007
18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL
BUILDING LOCATED AT 5893 SUNSET DRIVE AS AN HISTORIC
SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION
OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE
DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. (Approved on 1St Reading 11106107) 3/5
(City Manager)
19.AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO RESIDENTIAL PARKING; AMENDING THE SOUTH
MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99,
ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO
DESIGNATE CONTROLLED PARKING RESIDENTIAL ZONES;
PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING
CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING
PROCEDURE FOR DETERMINING CONTROLLED PARKING
RESIDENTIAL ZONES; PROVIDING ISSUANCE OF SPECIAL
PARKING PERMITS UPON APPLICATION; PROVIDING
PRIVILEGES AND RESTRICTIONS ON RESIDENTIAL PERMITS
AND PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5
(Deferred 11/27/07 & 12104107)
(City Manager)
ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
(NONE)
RESOLUTION (S) /PUBLIC HEARING (S)
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI APPROVING THE PROPOSED "AMENDED AND
RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY
PLANNING IN MIAMI -DADE COUNTY" AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY THE SUBJECT
INTERLOCAL AGREEMENT AS REQUIRED BY STATE STATUTE
163.3177, AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING THE PROPOSED "AMENDED AND RESTATED INTERLOCAL
AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI -DADE COUNTY" AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY THE SUBJECT
INTERLOCAL AGREEMENT)
(City Manager)
REGULAR CITY COMMISSION 6
AGENDA - DECEMBER 18, 2007
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE SOUTH MIAMI
COMPREHENSIVE PLAN TO INCLUDE A NEW EDUCATIONAL
FACILITIES ELEMENT; AMENDING THE INTERGOVERNMENTAL
COORDINATION ELEMENT AND CAPITAL IMPROVEMENT ELEMENT;
AUTHORIZING TRANSMITTAL TO FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS FOR REVIEW; PROVIDING FOR
SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 4/5
(City Manager)
ORDINANCE (S) FIRST READING
22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE 31 -07-
1932 RELATING TO THE YEAR 2008 GENERAL ELECTION OF THE
MAYOR AND CITY COMMISSIONERS FOR GROUPS, II AND III;
SCHEDULING THE DAYS, PLACE AND TIME OF THE ELECTION;
SCHEDULING THE DAYS, PLACE AND TIME OF EARLY VOTING;
PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR
CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT;
PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
THE 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 XBPERTINENT, 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."
COMMISSION REMARKS
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 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.
REGULAR CITY COMMISSION 7
AGENDA - DECEMBER 18, 2007