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agenda MAYOR: Philip K. Stoddard, PhD CITY MANAGER: Hector Mirabile, PhD VICE MAYOR: Valerie Newman CITY ATTORNEY: Laurence Feingold COMMISSIONER: Velma Palmer, PhD CITY CLERK: Maria M. Menendez COMMISSIONER: Brian D. Beasley COMMISSIONER: Walter A. Harris CITY COMMISSION AGENDA City Commission Meeting ____________________________________________________ 0 ___________ Regular Meeting date: December 13, 201 Time: 7:30 PM ext Regular Meeting date: January 4, 2011 Time: 7:30 PM N 30 Sunset Drive, South Miami, FL; Phone: (305) 663-6340 61 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 $500.00 per Ord. No. 44-08- 1979. 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. Please silence or turn off all cell phones. If you must the room: speak please leave (s): B. Add-On Item C. Roll Call: D. Moment of Invocation: E. Pledge of Allegiance: F. Lobbyists addressing the City Commission tonight must have ity Clerk as indicated above. been registered with the C ation(s) 7:00 p.m. G. Present (NONE) REGULAR CITY COMMISSION AGENDA – December 13, 2010 1 ITEM (S) FOR THE COMMISSION’S CONSIDERATION: 1. Approval of Minutes a) Minutes of November 16, 2010 b) Minutes of November 23, 2010 c) Minutes of November 24, 2010 2. City Manager’s Report (25 minutes) 3. City Attorney’s Report (15-minutes) PUBLIC REMARKS (5 minutes) 4. Commission Reports, Discussion & Remarks (25 minutes) (BEGINNING OF CONSENT) 5. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida authorizing the City Manager to recommend trees and shrubs for the City of South Miami compiled from the recommendations of the Urban Landscape Committee; providing an effective date. (City Manager – Park/Rec. Dept.) 3/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to expend $22,000 to Ballpark Maintenance Inc. for application of pest control fertilization and herbicide for the athletic fields at South Miami Park, Murray Park and Palmer Park to be charged to Contractual Services account # 1750-519-3450; providing an effective date. 3/5 (City Manager – Park/Rec. Dept.) 7. A Resolution of the Mayor and the City Commission of the City of South Miami, Florida authorizing the City Manager to execute an agreement with Leadex Corporation using FRDAP (Florida Recreation Development Assistance Program) grant for renovations at Dante Fascell Park’s restrooms in an amount of $21,846.50 to be charged to FRDAP account #114-2000-572.63-02; providing an effective date. 3/5 (City Manager – Park/Rec. Dept.) REGULAR CITY COMMISSION AGENDA – December 13, 2010 2 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, Co-Designating S.W. 58th Avenue, from S.W. 87th Street to S.W. 72nd Street (Sunset Drive) as Cathy McCann Drive; Directing the City Manager to submit this Resolution to Miami-Dade County and to take all other necessary actions to carry out the purpose of this Resolution; and providing an effective date. 3/5 (Commissioner Palmer) 9. A Resolution of the Mayor and City Commission of the City of South Miami approving the reallocation of the remaining balance of fiscal year 2008 grant agreement amendment with Miami-Dade County’s Department of Housing and Community Development (DHCD) for the Murray Park Swimming Pool Design Phase in the Amount of $90,463.00 to the Construction Phase of the Murray Park Swimming Pool for a total Community Pool Construction Award in the amount of $1,207,361.00; and setting forth that all CDBG grant funding for the Murray Park Swimming Pool will be combined with an extended expiration date of December 31, 2011; and providing for an effective date. 3/5 (City Manager – Public Works Dept.) 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute fiscal year 2010 grant agreement with Miami-Dade County’s Department of Housing and Community Development (DHCD) for the SW 64th Street Improvements Phase I; providing for an effective date. (City Manager – Finance Dept.) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement with the firm of XpoTek, Inc. (XpoTek) to perform a special audit of the City’s telecommunications billing for a contingent retainer fee of forty percent (40%) of a twelve (12) month period of cumulative savings received from recovered overcharges, and providing an effective date. (City Manager – Finance Dept.) 3/5 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to permit Volksblast, Inc., a non-profit organization to hold their Annual VW Auto Show on January 30, 2011, which would be held in the downtown REGULAR CITY COMMISSION AGENDA – December 13, 2010 3 South Miami area on Sunset Drive; providing for an effective date. 3/5 (City Manager – Park/Rec. Dept.) (END OF CONSENT) RESOLUTION(S) 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, relating to extension of the current contract with Gomez Barker Associates, Inc. for the provision of Legislative (Lobbying) Services on a month-to-month basis with an expiration date of May 31st, 2011; providing for an effective date. 3/5 (Deferred 12/07/10) (City Manager – Finance Dept.) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (NONE) RESOLUTION (S) PUBLIC HEARING (S) (NONE) ORDINANCE (S) FIRST READING 14. An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida relating to the fee schedule; amending ordinance 21-09-2013 as amended by ordinances to, increasing some fees, adding new fees and deleting some fees from the schedule, providing for severability, ordinances in conflict, and an effective date. 3/5 (City Manager – Finance Dept.) 15. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to the budget; authorizing an increase of expense line item 615-1910- 521-5205 (Federal Forfeiture Computer Equipment) in the amount of $56,336.80, and 615-1910-521-4960 (Federal Forfeiture Special Investigations) in the amount of $7,000.00 from Federal Forfeiture Fund Balance with a balance of $205,643.03, providing for severability, ordinances in conflict and an effective date. 3/5 (City Manager – Police Dept.) REGULAR CITY COMMISSION AGENDA – December 13, 2010 4 REGULAR CITY COMMISSION AGENDA – December 13, 2010 5 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 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.” 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 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.