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Res. No. 163-09-12972RESOLUTION NO. 163 -09 -12972 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION AGENDA; APPROVING THE REFORMATTING OF THE CITY COMMISSION AGENDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2 -2.1 (c) of the Code of Ordinances of the City of South Miami requires the City Commission to approve the form of the agenda; and WHEREAS, in an effort to afford Notice and due process to the Community and to the Commission members, the Commission desires to amend the current approach to bringing things on the agenda; and WHEREAS, the current City Commission agenda format, which places the "Commission Remarks" section at the end of the agenda, does not take into consideration the lateness of the hour and poses a hardship for both residents and Commissioners wishing to participate in their local government. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission Agenda form attached to this resolution as Exhibit 1, is hereby approved to allow the "City Commission's Reports, Discussion and Remarks" to be placed after "Public Remarks" "• Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 6`h DAY OF October, 2009. ATTEST: 1� a2 " CITY CLERK READ A l > PP�ROVED AS TO RM: CITY ATTORNEY APPROVED: �(� /) 4 YOR COMMISSION VOTE. 4-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Sellars: Yea Commissioner Palmer: Absent Commissioner Newman: Yea so �T y South Miami o N��f N � an 1'I��l I CORPOR�TF.O � sz> P F�OR�� 2001 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM To: The Honorable Mayor, Vice Mayor and Commissioners From: W. Ajibola Balogun, City Manager Laurence Feingold, Interim City Attorney Date: October 6, 2009 "ADD ON" ITEM Subject: Reformatting of City Commission Agenda A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION AGENDA; APPROVING THE REFORMATTING OF THE CITY COMMISSION AGENDA; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS: In the spirit of cooperation in affording Notice and due process to our residents and the City Commission; the attached resolution is recommended approving the changes in the agenda format. Under this new proposal, no longer will the items of the City Commission be at the end of the agenda, but will be ahead of the City Manager's and the City Attorney's reports, and said items will provide a broad scope for putting items on the agenda as it shall now be entitled "City Commission's Reports, Discussion, and Remarks ". The former remarks section at the end of the agenda will be omitted, and both our citizens and the City Commission will now have ample Notice of items to be presented by other Commissioners. It is jointly recommended by the City Manager and the City Attorney that this resolution reformatting the City Commission agenda be adopted. South Miami P&AmeticaCOy 2001 Exhibit 1 CITY COMMISSION AGENDA City Commission Meeting Regular Meeting date: Time: Next Regular Meeting date: Time: 6130 Sunset Drive, South Miami, EL; Phone: (305) 663 -6340 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- iudicial 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 Exhibit 1 ITEM (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes 3. 2. City Manager's Report (25 minutes) 4. 3. City Attorney's Report (15- minutes) PUBLIC REMARKS (5 minutes) COMMISSION REPORTS, DISCUSSION AND REMARKS (25 minutes) CONSENT RESOLUTION (S) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) RESOLUTION (S) PUBLIC HEARING (S) (S) FIRST READING PUBLIC HEARING (S) ORDINANCE (S) FIRST READING Exhibit 1 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 TOFLA 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. 3