11-01-05CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: November 1, 2005 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: November 15, 2005 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712 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. It does not apply to not - for - profit
organizations, local chamber and merchant groups, homeowner associations,
or trade associations and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) 7:00 p.m.
(NONE)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Minutes of October 18, 2005
2. City Manager's Report:
REGULAR CITY COMMISSION 1
AGENDA - November 1, 2005
3. City Attorney's Report
PUBLIC REMARKS
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY
POLICE BENEVOLENT ASSOCIATION SUPERVISORY UNIT
(LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI;
PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 -YEAR COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSN
SUPERVISORY UNIT & THE CSM)
(City Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ORDINANCE 16-
05 -1838 AUTHORIZING THE CITY MANAGER TO OBTAIN
FINANCING TO PURCHASE THE YMCA PROPERTY LOCATED AT 4300
SW 58TH AVENUE IDENTIFYING THE LENDER AND PROVIDING
FURTHER CLARIFICATION OF SEC. OF ORDINANCE 16 -05 -1838
RELATING TO THE SPECIFIC TERMS AND CONDITIONS OF THE
LOAN AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO OBTAIN FINANCING TO PURCHASE
THE YMCA PROPERTY LOCATED AT 4300 SW 58' AVE IDENTIFYING THE LENDER AND
PROVIDING FURTHER CLARIFICATION OF SEC. OF ORDINANCE 16 -05 -1838 RELATING
TO THE SPECIFIC TERMS AND CONDITIONS OF THE LOAN)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO ACCEPT AND EXECUTE APPLICABLE CONTRACTS AND
DOCUMENTS RELATING TO THE FY 2005/06 FEDERAL DRUG
CONTROL AND SYSTEM IMPROVEMENT GRANT FROM MIAMI -DADE
COUNTY IN THE AMOUNT OF $4,991.00; DESIGNATING
$1,663.00 FROM THE MANAGEMENT INFORMATION SYSTEMS
OPERATING EQUIPMENT ACCOUNT #001 - 1340 - 513 -6430 AS
MATCHING FUNDS AS REQUIRED BY THE GRANT; PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE
CONTRACTS RELATING TO THE FY 05106 FEDERAL DRUG CONTROL & SYSTEM
IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY IN THE AMT OF $4,991.00;
DESIGNATING $1,663.00 FROM THE MIS OPERATING EQUIP ACCT W /CURRENT
BAL$73,076 AS MATCHING FUNDS AS REQUIRED BY THE GRANT)
REGULAR CITY COMMISSION 2
AGENDA - November 1, 2005
(City Manager)
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RETROACTIVELY EXECUTE A GRANT AGREEMENT
WITH MIAMI -DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS
FOR THE SUNDAYS ON SUNSET CONCERT SERIES AND ACCEPT
THE GRANT AWARD OF $3,562 FROM THE FY 2005 -2006
COMMUNITY GRANTS PROGRAM - FIRST QUARTER; AUTHORIZING
THE 1:1 DOLLAR MATCH IN THE AMOUNT OF $3,562 BE
CHARGED FROM THE GENERAL FUND NON - DEPARTMENTAL
ECONOMIC DEVELOPMENT LINE ITEM ACCOUNT NUMBER 001-
2100- 519 -9931; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT
WITH MIAMI -DADE COUNTY DEPT OF CULTURAL AFFAIRS FOR THE SUNDAYS ON
SUNSET CONCERT SERIES & ACCEPT THE GRANT AWARD OF $3,562 FROM THE FY
2005 -2006 COMMUNITY GRANTS PROGRAM; AUTHORIZING THE 1:1 DOLLAR MATCH IN
THE AMT OF $3,562 BE CHARGED FROM THE GENERAL FUND NON - DEPARTMENTAL
ECONOMIC DEVELOPMENT ACCT W /CURRENT BAL$10,000)
(City Manager)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR AKERMAN SENTERFITT
IN THE AMOUNT OF $11,850.25; TO BE CHARGED TO ACCOUNT
NO. 001.2100.519.3440 CONSULTANT LABOR ATTORNEY;
PROVIDING AN EFFECTIVE', DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR AKER-MAN SENTERFITT IN THE AMT
OF $11,850.25; CHARGING THE CONSULTANT LABOR ATTY ACCT W /CURRENT
BAL$40,000)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ESTABLISH A SCHEDULE OF FEES FOR THE PARKS
AND RECREATION DEPARTMENT FOR VARIOUS RECREATION
PROGRAMS, MEMBERSHIPS AND RENTALS; PROVIDING AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH A SCHEDULE OF
FEES FOR THE PARKS AND RECREATION DEPARTMENT FOR VARIOUS RECREATION
PROGRAMS, MEMBERSHIPS AND RENTALS)
(City Manager)
ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CREATING CHAPTER 21,
POWER OF EMINENT DOMAIN, TO ADD THE PROVISION ENTITLED
"USE OF POWER OF EMINENT DOMAIN" WHICH WILL PREVENT
FUTURE CITY COMMISSIONS FROM AUTHORIZING THE FILING OF
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AGENDA - November 1, 2005
EMINENT DOMAIN LAWSUITS WHEN THE END RESULT OF SUCH
ACTION WOULD BE TO SELL THE PROPERTY TO PRIVATE
PARTIES; PROVIDING FOR CODIFICATION, ORDINANCES IN
CONFLICT AND AN EFFECTIVE DATE. 3/5
(Approved on 2nd Reading 10118105)
(Commissioner Wiscombe)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE A 2006 REAR STEER LOADER (KNUCKLE -
BOOM CRANE /LOADER), A 2006 26 -CUBIC YARD TRASH TRUCK
AND A 2005 UTILITY TRUCK, AT A TOTAL COST OF
$225,376.09 WITH THE FIRST YEAR'S INSTALLMENT PAYMENT
OF FIVE PAYMENTS NOT TO EXCEED $45,075.22 TO BE CHARGED
TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE - TRUCKS
ACCOUNT NUMBERS 001 - 1720 - 534 -4455 AND 111- 1730 -541-
4455; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(City Manager)
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO A FIVE YEAR AGREEMENT WITH
THYSSENKRUPP ELEVATOR CORP. FOR MAINTENANCE OF
ELEVATORS FOR THE AMOUNT OF $20,100 WITH THE FY 2005 -06
SERVICE FEE OF $4,020 TO BE CHARGED TO PUBLIC WORKS
DEPARTMENT ACCOUNT NUMBER 001 - 1710 -519 -4670; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE. 3/5
(City Manager)
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO GARBAGE AND
TRASH; AMENDING SECTION 11 -23(a) OF THE CODE OF
ORDINANCES ENTITLED "REFUSE COLLECTION FEE SCHEDULE;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(City Manager)
RESOLUTION (S) /PUBLIC HEARING (S)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
REGULAR CITY COMMISSION 4
AGENDA - November 1, 2005
CITY OF SOUTH MIAMI, FLORIDA APPROVING THE
ABANDONMENT OF AN UNIMPROVED RIGHT -OF -WAY PORTION FOR
FUTURE VEHICLE ACCESS OF SW 50 STREET LOCATED BETWEEN
SW 63RD AVENUE AND THE CORPORATE LIMIT LINE OF THE
CITY OF SOUTH MIAMI; SAID ABANDONMENT SUBJECT TO THE
CONTINUANCE OF THE EXISTING UTILITY EASEMENTS AND
GENERAL PEDESTRIAN ACCESS; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION APPROVING THE ABANDONMENT OF AN UNIMPROVED RIGHT -OF -WAY
PORTION FOR FUTURE VEHICLE ACCESS OF SW 50 ST LOCATED BETWEEN SW 63rd
AVE AND THE CORPORATE LIMIT LINE OF THE CITY OF SOUTH MIAMI)
(City Manager)
RESOLUTION (S)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ENCOURAGING THE COUNTY
TO LIFT THE COUNTY -WIDE CURFEW IMPOSED FOLLOWING
HURRICANE WILMA; AND PROVIDING FOR AN EFFECTIVE DATE.
(A RESOLUTION ENCOURAGING THE COUNTY TO LIFT THE CURFEW IMPOSED
FOLLOWING HURRICANE WILMA) 3/5
(Commissioner Sherar)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
NONE
ORDINANCE (S) FIRST READING
16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2006
GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS
FOR GROUPS, I AND IV; SCHEDULING THE DAY, PLACE AND
TIME OF THE ELECTION; 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 Russell)
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
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AGENDA - November 1, 2005
MAKING PERSONAL IMPERTINENT, OR
WHO SHALL BECOME BOISTEROUS
COMMISSION SHALL BE FORTHWITH
AUDIENCE BEFORE THE COUNCIL BY
UNLESS PERMISSION TO CONTINUE.
SLANDEROUS REMARKS OR
WHILE ADDRESSING THE
BARRED FROM FURTHER
THE PRESIDING OFFICER,
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 CONSTITUTES 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.
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AGENDA - November 1, 2005