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06-12-07 AgendaSouth Miami 1 RmedcaC i I �® 2ooi MAYOR: Horace G. Feliu CITY MANAGER: Yvonne S. McKinley VICE MAYOR: Randy G. Wiscombe CITY ATTORNEY: Luis Figueredo COMMISSIONER: Velma Palmer CITY CLERK: Maria M. Menendez COMMISSIONER: Marie Birts COMMISSIONER: Jay Beckman' CITY COMMISSION AGENDA City Commission Meeting; Meeting date: June 12, 2007 Next Regular Meeting date: July 24,, 2007 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM 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 $125.00. This applies to all persons who are retained 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) Legislative Session Update - City Lobbyist Fausto Gomez 2) Bus Shelter & Clock Tower for Sunset Drive Improvements Project 3) Pedestrian Overpass at South Miami 4) Barbara Walters - Information on a marketing tool for the merchants and the City 5) CAA presentation regarding new agency in town REGULAR CITY COMMISSION 1 AGENDA -JUNE 12, 2007 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes (The minutes of June 5, 2007 will be ready for the next regular City Commission meeting) 2. City Manager's Report a) Report on Expenditure Over $5,000.00. 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $10,954.88; CHARGING $2,839.79 TO ACCOUNT NO. 001 - 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; AND FOR $8,115.09TO ACCOUNT NO.: 001 - 1500 - 514 -3454 LITIGATION RESERVE, PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING ATTORNEYS" FEES FOR NGF IN THE AMT OF $10,954.88; CHARGING $2,839.79 TO THE LEGAL SERVICES, NON - RETAINER ACCT; AND FOR $8,115.09 TO THE LITIGATION RESERVE ACCT W /CURRENT BALS $6,802 & $10,324 RESPECTIVELY) (City Attorney) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE FLORIDA DEPARTMENT OF ELDER AFFAIRS' COMMUNITIES FOR A LIFETIME INITIATIVE; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION SUPPORTING THE FLORIDA DEPARTMENT OF ELDER AFFAIRS' COMMUNITIES FOR A LIFETIME INITIATIVE) (Mayor Feliu) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A $20,000 GRANT AGREEMENT WITH DR. TANGO, INC. BY AND THROUGH FLORIDA DEPARTMENT OF HEALTH FOR THE OBESITY PREVENTION EDUCATION; AND INCREASING THE REQUIRED MATCH AMOUNT FROM $2,000.00 TO $10,000.00; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH DR. TANGO BY AND THROUGH FLA DEPT OF HEALTH FOR THE OBESITY PREVENTION EDUCATION; AND INCREASING THE REQUIRED MATCH AMT FROM $2,000 TO $10,000) (Commissioner Birts) REGULAR CITY COMMISSION 2 AGENDA -JUNE 12, 2007 7. A RESOLUTION OF THE CITY C :OMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $2,449.13 FROM THE POLICE DEPARTMENT'S FEDERAL FORFEITURE FUND; ACCOUNT #615- 1910 - 521 -9960 "MISCELLANEOUS "; TO RE• -PAINT A POLICE UNDERCOVER VEHICLE FOR THE SPECIAL INVESTIGATIONS UNIT; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE $2,449.13 FROM THE POLICE DEPARTMENT'S FEDERAL FORFEITURE FUND ACCOUNT TO RE -PAINT A POLICE UNDERCOVER VEHICLE FOR THE SPECIAL INVESTIGATIONS UNIT; ACCT W /CURRENT BAL$0) (City Manager) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FIREPOWER DISPLAYS UNLIMITED, INC. FOR THE ANNUAL JULY 4TH FIREWORKS DISPLAY FOR A TOTAL PRICE OF $9,000.00, WITH DISBURSEMENT FROM THE PARKS AND RECREATION DEPARTMENT 4" OF JULY FIREWORKS ACCOUNT NUMBER 001- 2000 - 572 -4820; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FIREPOWER DISPLAYS UNLIMITED FOR THE ANNUAL JULY 4' FIREWORKS DISPLAY FOR A TOTAL PRICE OF $9,000 WITH DISBURSEMENT FROM THE PKIREC DEPT 4' OF JULY FIREWORKS ACCT W /CURRENT BAL$10,000) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 9. AN ORDINANCE OF THE MAYOR AND CITY CoINmissION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO RECREATION; AMENDING SECTION 2 -26.3 OF THE CODE OF ORDINANCE BY CHANGING THE NAME OF THE REGREATIGN AND 3ULT-URAL AFFAIRS BOARD TO THE PARK AND RECREATION BOARD; SETTING FORTH GUIDELINES BY WHICH THE BOARD SHALL BE GOVERNED; PROVIDING FOR SEVERABILITY, ORDINANCES I:N CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Birts) ORDINANCE (S) THIRD READING PUBLIC HEARING (S) 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING SECTION 8A OF THE CITY'S) CODE OF ORDINANCES ENTITLED "CODE OF ETHICS" TO INCLUDE A NEW SECTION 8A -2, WHICH REGULAR CITY COMMISSION 3 AGENDA -JUNE 12, 2007 SECTION SHALL BE ENTITLED: "CODE OF CONDUCT FOR ALL PUBLIC OFFICIALS "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Deferred 03120107; 4103107; 04124107; 06105107) (Mayor Feliu and Commissioner Beckman) RESOLUTION (S) PUBLIC HEARING (S) (NONE) RESOLUTION (S) (NONE) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING (NONE) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COM4ISSION 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 COM4ISSION. " 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 CHALLE14GES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 4 AGENDA -JUNE 12, 2007