06-02-09 Special CancelledSouth Miami
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NO QUORUM
MAYOR: Horace G. Feliu CITY MANAGER: Ajibola Balogun
VICE MAYOR: Brian D. Beasley CITY ATTORNEY: Luis Figueredo
COMMISSIONER: Valerie Newman CITY CLERK: Maria M. Menendez
COMMISSIONER: Velma Palmer
COMMISSIONER: Vacant
CITY COMMISSION AGE
Special City Commission M,% eti
Special Meeting date: June 2, 2009 Time.,: / 6:30 PM
Next Regular Meeting date: June 2, 2A09
6130 Sunset Drive, South Miami, FL; Phone: x($;05) 663 -6340; Time: 7:30 PM
City of South Miami Or
lobbyists before engaging in
the City Clerk and pay an�aa
1979. This applies to all -,per
not) to represent a bus tie
ina-nce No. "08 -OP-4 76 requires all
my lobbying activities to register with
ival fee�of $500.00 per Ord. No. 44-08 -
ins,who are retained (whether paid or
"City" action. "City,"' action 0k]
ranking and selectionkprofessio
legislative, quas ju_diciktj and ad #mi
yvor organization to influence
madly described to include the
al consultants, and virtually all -
istrative action.
\\ ,CALL TO ORDER:
A. Roll Call•
B. �Invocati n��•,,
C . Pledge of lhlegiance :
D. Lobbyists addressing the City Commission tonight must have
bee reg,bltered with the City Clerk as indicated above.
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
COMPLAINT FILED BY THE CITY MANAGER AGAINST THE CITY OF
SOUTH MIAMI; AUTHORIZING THE WAIVER OF THE MEDIATION
REQUIREMENT FROM THE MANAGER'S CONTRACT UPON THE MUTUAL
AGREEMENT OF THE PARTIES; PROVIDING AN EFFECTIVE DATE.
3/5
SPECIAL CITY COMMISSION 1
AGENDA - June 2, 2009
NO QUORUM
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 IMPERTINENT, OR SLANDEROUS REMARKS OR
WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE
COMMISSION SHALL BE FORTHWITH BARREDC�FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE.PRESIDING - OLFF-ICER,
UNLESS PERMISSION TO CONTINUE BE GRANTED BY'\A MAJORITY
VOTE OF THE COAIlKISSION. " c, �\ , �\,
COMMISSI
PURSUANT TO FLA STATUTES 286.0105,
TO APPEAL ANY DECISION MADE BY '
CONSIDERED AT ITS MEETING OR HEART
FOR SUCH PURPOSE, AFFECTED PERSON 1
MADE WHICH RECORD INCLUDES THE j7S-
NOTICE DOES NOT CONSTITUTE CON EN
INADMISSIBLE OR IRRELEVANT EVIDEN(
ALLOWED BY LAW.
SPECIAL CITY COMMISSION 2
AGENDA - June 2, 2009
!ES 'THE PUBLIC THAT IF A PERSON DECIDES
COMMIiPION WITH RESPECT TO ANY MATTER
1 C
Af ORD OF THE PROCEEDINGS, AND THAT
T A"VERBATIM RECORD OF THE PROCEEDINGS IS
yWHICH THE APPEAL IS TO BE BASED. THIS
INTRODUCTION OR ADMISSION OR OTHERWISE
ZE CHALLENGES OR APPEALS NOT OTHERWISE
South Miami
Ail-America City
7
11 19 27 r '
CITY COMMISSION AGENDA
Special City Commission Meeting
Special Meeting date: June 2, 2009 Time: 6:30 PM
Next Regular Meeting date: June 2, 2009
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; .Time: 7:30 PM
F tyof South Miami Ordinance No. 08 -06 -1876 requires all
bbyists 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
s 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.
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
COMPLAINT FILED BY THE CITY MANAGER AGAINST THE CITY OF
SOUTH MIAMI; AUTHORIZING THE WAIVER OF THE MEDIATION
REQUIREMENT FROM THE MANAGER'S CONTRACT UPON THE MUTUAL
AGREEMENT OF THE PARTIES; PROVIDING AN EFFECTIVE DATE.
3/5
SPECIAL CITY COMMISSION
AGENDA - June 2, 2009
LN
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 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."
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.
SPECIAL CITY COMMISSION 2
AGENDA - June 2, 2009
1\
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arco�no
A 1927 �
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HORACE G. FELIU 6130 Sunset Drive
MAYOR South Miami, Florida 33143 -5093
Tel: (305) 668 -2484• Fax: (305) 663 -6348
May 29, 2009 - e -mail: horacefeliu @bellsouth.net
City Commission
c/o Maria M. Menendez, City Clerk
6130 Sunset Drive
City of South Miami 33143
Re: Calling _a Special Meeting: Tuesday, June 2, 2009
Honorable Members of the City Commission:
This is to notify all of you that I am hereby calling a Special Meeting of the City
Commission for Tuesday, June 2, 2009 from 6:30 — 7:00 p.m., in the City Commission
Chambers. The purpose of this meeting is to discuss the request for mediation by the
City Manager.
Sincerely,
Horace GyFiu
Mayor
Cc: Luis Figueredo, City Attorney
W. Ajibola Balogun, City Manager
South Miami
All-America City
,1111.,
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMPLAINT
FILED BY THE CITY MANAGER AGAINST THE CITY OF SOUTH
MIAMI; AUTHORIZING THE WAIVER OF THE MEDIATION
REQUIREMENT FROM THE MANAGER'S CONTRACT UPON THE
MUTUAL AGREEMENT OF THE PARTIES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on May 1.9, 2009 the City of South Miami received a letter from Neil
Flaxman, attorney for the City Manager, Ajibola Balogun, requesting that a mediation be
conducted relating to the complaints stated by the City Manager, Ajibola Balogun, of violation of
the City Charter; and,
WHEREAS, the City Manager contract, pursuant to paragraph 8, requires the parties to
attend mediation over a dispute prior to initiating litigation; and,
WHEREAS, the issues raised by the City Manager cannot be resolved via mediation, as a
Court of Competent Jurisdiction would have to make any findings relating to the City Manager's
allegations; and,
WHEREAS, the City Attorney has spoken with counsel for the City Manager, Neil
Flaxman, who has no objection to waiving the mediation requirement in the City Manager's
contract; and,
WHEREAS, the City Commission also waives the mediation requirement.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The above whereas clauses are incorporated by reference into the body
of this resolution.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of June, 2009.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Office of City Attorney
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Additions shown by underlining and deletions shown by everstr-ikin .
• iuc<�e" ery • ''
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CITY OF SOUTH MIAMI
NOTICE OF
SPECIAL CITY COMMISSION MEETING
ALL INTERESTED PARTIES PLEASE TAKE
NOTICE THAT the City Commission will hold a Special
Meeting, Tuesday, June 2, 2009, from 6:30 — 7:00 p.m. in
the City Commission Chambers, 6130 Sunset Drive, South
Miami, Florida.
The purpose of the meeting is to discuss the request
for mediation by the City Manager.
All interested persons are invited to attend. There will
be no public hearing or public remarks.
Maria M. Menendez, CMC
City Clerk
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