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12-08-09 AgendaSouth Miami krrtwd All nmdca City IIr zoo, MAYOR: Horace G. Feliu ACTING CITY MANAGER: Roger M. Carlton VICE MAYOR: Brian D. Beasley CITY ATTORNEY: Laurence Feingold COMMISSIONER: Valerie Newman CITY CLERK: Maria M. Menendez COMMISSIONER: Velma Palmer COMMISSIONER: Lew Sellars CITY COMMISSION AGENDA City Commission Meeting Regular Meeting date: December 8, 2009 Time: 7:30 PM Next Regular Meeting date: December 15, 2009 Time: 7:30 PM 6130 Sunset Drive, South Miami, FL; 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 - 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) Relay for Life - Tommy Villani with American Cancer Society. REGULAR CITY COMMISSION 1 AGENDA - December 8, 2009 ITEM (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of October 20, 2009 b) Minutes of November 3, 2009 2. City Manager's Report (25 minutes) a) Traffic Calming along SW 76th Street (from SW 62 Ave. to SW 59" Ave) . b) Collective Bargaining schedule c) Clarification of City Commission position regarding Merit, Longevity, and COLA increases for fiscal year 2009/2010 d) Discussion of Annual requirement for City Manager to hold a Public Performance Evaluation for Atlantic Broadband (LLC) Cable Franchise Agreement e) Damage to waste containers. f) Report on Community Newspaper article November 17 -23, 2009 regarding code violations and alley pothole repairs 6780 SW 62 Ave. g) Dison Park Infrastructure/ Development Community Workshop. h) Dog Park project update i) Utilization of Commission Chambers on December 10, 2009 for citizen discussion of various energy related issues. j) Construction Permit number 08 -04 for mid rise office building issued to Oxford Corp. extension under Senate Bill 360. 3. City Attorney's Report (15- minutes) a) Southeastern Investment Group vs City of South Miami Commission, Case No.: 09 -598 AP, Lower Court Case Number: 24 -09 -2016. This is a Petition for Writ of Certiorari (Appeal filed by Southeastern Investment Group against the Commission's decision on the SW 62nd Avenue Corridor) . The defense of this appeal is handled `yin house" and will not cost the City any legal fees; b) Report of Public Records Case No. 09 -81417 CA 27 brought by W. Ajibola Balogun 1. November 12, 2009 Report of City Attorney; 2. Notice of taking depositions of Maria M. Menendez by Neal Flaxman; (Exhibit B -2) REGULAR CITY COMMISSION 2 AGENDA - December 8, 2009 3. Notice of taking depositions of Nkenga Payne by Neal Flaxman (Exhibit B -3) 4. Neil Flaxman's letter of November 12th 2009 (Exhibit B -4) 5. City Attorney's response to Neil Flaxman's letter of November 12th 2009 regarding phone and IT records of individual Commissioners; (Exhibit B -5) c) More efficient method to convert recommendations of City Manager and City Attorney and Commissioners into an instant resolution, without the necessity to place same on the next agenda; d) Discussion of rules of conduct ordinance; e) Miscellaneous items. PUBLIC REMARKS (5 minutes) COMMISSION REPORTS, DISCUSSION AND REMARKS (25 minutes) (UNFINISHED BUSINESS) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 4. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20 -4.4 (F) (2) (c) ENTITLED "SPACES LOCATED OFF- SITE" IN ORDER TO REMOVE PROVISIONS ALLOWING FOR LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; AMENDING SECTION 20- 7.6 ENTITLED "PARKING" IN HOMETOWN DISTRICT IN ORDER TO MODIFY SECTION 20-7.6(C) (2) (b) BY REMOVING THE OPTION OF LEASING OF OFF -SITE PARKING SPACES AS A METHOD TO PROVIDE REQUIRED SPACES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Acting City Manager) 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 20 -2.3 ENTITLED "DEFINITIONS" BY ADDING A REGULAR CITY COMMISSION 3 AGENDA - December 8, 2009 NEW DEFINITION OF "LAND USE REGULATIONS "; AND ADDING A NEW DEFINITION OF "DEVELOPMENT REGULATIONS" BY MODIFYING THE EXISTING DEFINITION OF "REGULATIONS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Acting City Manager) 6. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE 20 -6.1 (A)(3) ENTITLED "ADMINISTRATIVE ENTITIES -CITY COMMISSION" IN ORDER TO REVISE PROVISIONS RELATED TO THE VOTE REQUIREMENT OF THE CITY COMMISSION ON ORDINANCES AND RESOLUTIONS PERTAINING TO THE LAND USE AND DEVELOPMENT REGULATIONS WHICH WILL BE CONSISTENT WITH THE CHARTER AMENDMENT ADOPTED NOVEMBER 4, 2008; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Approved on 1St Reading 7- 28 -09) (Acting City Manager) ORDINANCE (S) FIRST READING 7. 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 SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 7121 SW 63rd AVENUE 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. 4/5 (Acting City Manager) 8. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20 -4 .3 (B) (C) (F) (I) (4) (5) ENTITLED "SIGN REGULATIONS" IN ORDER TO PROVIDE THAT TEMPORARY SIGN PERMIT APPLICATIONS WILL REQUIRE REVIEW AND APPROVAL BY THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD AND TO MAKE TECHNICAL REVISIONS TO UPDATE TERMINOLOGY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Acting City Manager) REGULAR CITY COMMISSION 4 AGENDA - December 8, 2009 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 8A "CODE OF ETHICS" OF THE CITY'S CODE OF ORDINANCES, ADDING NEW SECTION 8A -7 ENTITLED "INVESTIGATION OF VIOLATIONS OF CITY'S CHARTER," PROVIDING THAT SUCH INVESTIGATIONS BE HANDLED BY THE STATE ATTORNEY'S OFFICE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) (END OF UNFINISHED BUSINESS) (BEGINNING OF CONSENT) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $23,423.00 FROM ACCOUNT NUMBER 001- 1340- 513 -3450 TO USA SOFTWARE, INC FOR THE 2009/2010 POLICE DEPARTMENT SOFTWARE SUPPORT AND MAINTENANCE; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $23,423.00 TO USA SOFTWARE FOR THE 2009110 POLICE DEPT SOFTWARE SUPPORT AND MAINTENANCE FROM ACCT # 001 - 1340 -513 -3450 W/BAL$$84,951.42) (Acting City Manager) 11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH THE MIAMI -DADE COUNTY OFFICE OF GRANT COORDINATION FOR A GRANT IN THE TOTAL AMOUNT OF $45,175.00 FOR THE PROVISION OF WEEKEND MEALS FOR SOUTH MIAMI SENIOR RESIDENTS AND FOR TUTORING SERVICES FOR THE CHILDREN OF OUR AFTER- SCHOOL PROGRAM; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH THE MIAMI -DADE COUNTY OFFICE OF GRANT COORDINATION FOR A GRANT IN THE TOTAL AMT OF $45,175.00 FOR THE PROVISION OF WEEKEND MEALS FOR SO MIAMI SR RESIDENTS AND FOR TUTORING SERVICES FOR THE CHILDREN OF OUR AFTER - SCHOOL PROGRAM) (Acting City Manager) 12. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONSTRUCTION CATERING, INC. FOR AN AMOUNT NOT TO EXCEED $18,400.00 FOR THE PROVISION OF WEEKEND MEALS DELIVERY TO SOUTH MIAMI SENIORS; TO BE CHARGED TO THE SENIOR MEALS PROGRAM REGULAR CITY COMMISSION cJ AGENDA - December 8, 2009 ACCOUNT NUMBER 114 - 2041 - 572 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH CONSTRUCTION CATERING FOR AN AMT NOT TO EXCEED $18,400.00 FOR THE PROVISION OF WEEKEND MEALS DELIVERY TO SO MIAMI SRS; TO BE CHARGED TO THE SR MEALS PGM ACCT W/A REIMBURSABLE BAL$18,400.00) (Acting City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING YVONNE BECKMAN TO SERVE ON THE AUDIT COMMITTEE FOR A ONE -YEAR TERM ENDING DECEMBER 7, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING YVONNE BECKMAN TO SERVE ON THE AUDIT COMMITTEE FOR A 1 -YR TERM ENDING 12107110) (Commissioner Newman) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING SUZANNE GILMORE TO SERVE ON THE AUDIT COMMITTEE FOR A ONE -YEAR TERM ENDING DECEMBER 7, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING SUZANNE GILMORE TO SERVE ON THE AUDIT COMMITTEE FOR A 1 -YR TERM ENDING 12/07/10) (Commissioner Sellars) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING EILEEN LEHN TO SERVE ON THE AUDIT COMMITTEE FOR A ONE -YEAR TERM ENDING DECEMBER 7, 2010; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING EILEEN LEHN TO SERVE ON THE AUDIT COMMITTEE FOR A 1 -YR TERM ENDING 12107110) (Commissioner Palmer) 16.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 9, 2010 GENERAL AND SPECIAL ELECTIONS; AND PROVIDING AN EFFECTIVE DATE. (A RESOLUTION PROVIDING FOR DELEGATION OF RESPONSIBILITY OF THE CANVASSING COMMITTEE FOR THE FEBRUARY 9, 2010 GENERAL AND SPECIAL ELECTIONS) 3/5 (Mayor Feliu) (END OF CONSENT) REGULAR CITY COMMISSION 6 AGENDA - December 8, 2009 RESOLUTION (S) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CO- DESIGNATION OF SW 48TH STREET FROM SW 58TH AVENUE TO SW 69TH AVENUE AS "SPC SERGIO SAGONI ABAD STREET. AUTHORIZING THE ACTING CITY MANAGER TO SUBMIT THIS RESOLUTION TO MIAMI -DADE COUNTY AND TO JOIN MIAMI DADE COUNTY IN SUCH CO- DESIGNATION; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION CO- DESIGNATING SW 48' ST FROM SW 58TH AVE TO SW 69TH AVE AS "SPC SERGIO SAGONI ABAD ST) (Acting City Manager) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE CITY OF CORAL GABLES ALLIANCE FOR AGING TO BEGIN A SENIOR TAXI DISCOUNT COUPON PROGRAM FOR SENIOR RESIDENTS OF SOUTH MIAMI; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE CITY OF CORAL GABLES ALLIANCE FOR AGING TO BEGIN A SENIOR TAXI DISCOUNT COUPON PROGRAM FOR SENIOR RESIDENTS OF SOUTH MIAMI) (Acting City Manager) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SENDING A MESSAGE TO THE PUBLIC SERVICE COMMISSION THAT SOUTH MIAMI SUPPORTS A "FEED -IN TARIFF" TO MAKE ROOFTOP SOLAR PANEL INSTALLATION AFFORDABLE; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION SENDING A MESSAGE TO THE PUBLIC SERVICE COMMISSION THAT SOUTH MIAMI SUPPORTS A "FEED -IN TARIFF" TO MAKE ROOFTOP SOLAR PANEL INSTALLATION AFFORDABLE) (Mayor Feliu) 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMIT FEES; ESTABLISHING POLICY WAIVING BUILDING PERMIT FEES AND OTHER CITY FEES UNDER LIMITED CIRCUMSTANCES FOR PROJECTS IN THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AREA; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION ESTABLISHING POLICY WAIVING BUILDING PERMIT FEES UNDER LIMITED CIRCUMSTANCES AND OTHER CITY FEES FOR PROJECTS IN THE SMCRA AREA) (Commissioner Palmer) REGULAR CITY COMMISSION 7 AGENDA - December 8, 2009 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE PLANNING AND ZONING DEPARTMENT AND THE PLANNING BOARD TO CONSIDER AN ORDINANCE REVISING LAND DEVELOPMENT CODE SECTION 20 -3.5 ENTITLED "DIMENSIONAL REQUIREMENTS" IN ORDER TO LIMIT TO TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE FAMILY HOMES; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION DIRECTING THE PIZ DEPT AND THE PLANNING BD TO CONSIDER AN ORDINANCE REVISING LDC SECTION 20 -3.5 ENTITLED "DIMENSIONAL REQUIREMENTS" IN ORDER TO LIMIT TO TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING OR ADJACENT TO SINGLE FAMILY HOMES) (Vice Mayor Beasley) 22. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE PARKS & RECREATION BOARD TO ESTABLISH A DOG PARK DEVELOPMENT AD -HOC SUBCOMMITTEE THAT WILL REPORT TO THE CITY COMMISSION IN 60 DAYS AND DIRECTING THE CITY ATTORNEY TO DEVELOP A "POOPER- SCOOPER" ORDINANCE THAT REQUIRES PET OWNERS TO CLEAN UP AFTER THEIR DOGS UTILIZE A DOG PARK; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION DIRECTING THE PARKS /REC BD TO ESTABLISH A DOG PARK DEVELOPMENT AD -HOC SUBCOMMITTEE THAT WILL REPORT TO THE CITY COMMISSION IN 60 DAYS AND DIRECTING THE CITY ATTORNEY TO DEVELOP A "POOPER- SCOOPER" ORDINANCE THAT REQUIRES PET OWNERS TO CLEAN UP AFTER THEIR DOGS UTILIZE A DOG PARK) (Acting City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (NONE) RESOLUTION (S) PUBLIC HEARING (S) 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INTRANET CONNECTION: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AT &T SERVICES FOR A THREE -YEAR LEASE TO UPGRADE THE INTRANET SERVICE AT CITY HALL, PUBLIC WORKS AND PARKS AND RECREATION; AND CHARGING THE MONTHLY FEES OF $2,250.00' FOR METRO ETHERNET SERVICE, 10MG FOR CITY HALL, PUBLIC WORKS AND PARKS AND RECREATION, TO ACCOUNT NUMBER 001 - 1340 -513 -4632, ENTITLED LEASE PURCHASE INTRANET EQUIPMENT; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AT &T SERVICES FOR A 3 -YR LEASE TO UPGRADE THE INTRANET SERVICE AT CITY REGULAR CITY COMMISSION 8 AGENDA - December 8, 2009 HALL, PUBLIC WORKS AND PARKS AND RECREATION; AND CHARGING THE MONTHLY FEES OF $2,250.00 FOR METRO ETHERNET SERVICE THE LEASE PURCHASE INTERNET EQUIP ACCT WIBAL$$47, 691. 69) (Acting City Manager) ORDINANCE (S) FIRST READING PUBLIC HEARING (S) 24. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A REVISED EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (Vice Mayor Beasley) ORDINANCE (S) FIRST READING (NONE) 25. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 17, ARTICLE II, ENTITLED "SIDEWALKS" OF THE CITY'S CODE OF ORDINANCES BY ADDING NEW SECTION 17 -26 ENTITLED "SIDEWALK ADVERTISING; USING STREETS OR SIDEWALKS FOR ADVERTISING PURPOSES ", WHICH REGULATION WILL MAKE IT UNLAWFUL TO USE STREETS, SWALE AREAS, OR SIDEWALKS UNLESS EXPRESSLY PERMITTED BY SECTION 20 -4.3 OF THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Acting'City Manager) 26. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING NEW CHAPTER 19 OF THE CODE OF ORDINANCES; PROVIDING FOR THE REGISTRATION OF DOMESTIC PARTNERSHIPS; ESTABLISHING DOMESTIC PARTNER RIGHTS OF VISITATION; PROVIDING HEALTH INSURANCE ELIGIBILITY AND OTHER BENEFITS TO THE DOMESTIC PARTNERS REGULAR CITY COMMISSION 9 AGENDA - December 8, 2009 OF CITY EMPLOYEES; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (Commissioner Newman) CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY CObff4XSSION 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 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 1 0 AGENDA - December 8, 2009