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12-20-05CITY COMMISSION AGENDA City Commission Meeting Meeting date: December 20, 2005 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: January 3, 2006 Phone: (305) 663 -6340 Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 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 (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. It does not apply to not - for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) 7:00 p.m. 1) Presentation of Bicycles to the Winners of the Annual Essay Contest. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes of November 15, 2005 REGULAR. CITY COMMISSION AGENDA - December 20, 2005 2. City Manager's Report: a) Expenditure report for Hurricane Wilma 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 PROSECUTION OF MUNICIPAL VIOLATIONS; APPROVING THE ENTRY INTO AN AGREEMENT BETWEEN THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA AND THE CITY; AUTHORIZING THE REIMBURSEMENT OF THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY'S CODE FROM ACCOUNT #01 -1910- 521 -3450 WHICH HAS A CURRENT BALANCE OF $26,142; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE STATE OF FLA, OFFICE OF THE STATE ATTORNEY FOR THE 11TH JUDICIAL CIRCUIT OF FLA AND THE CITY; AUTHORIZING THE REIMBURSEMENT OF THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY'S CODE; CHARGING THE PD CONTRACTUAL SERVICES ACCT W /CURRENT BAL $26,142) (City Manager) 5. 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 $12,033.85; CHARGING $12,033.85 TO ACCOUNT NO. 001 -1500- 514 -3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $12,033.85; CHARGING THE LEGAL SERVICES NON - RETAINER ACCT W /CURRENT BAL$ $102,289.39) (City Attorney) ORDINANCE (S) THIRD READING 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2006 REAR STEER LOADER (KNUCKLE - BOOM CRANE /LOADER), A 2006 26 -CUBIC YARD TRASH TRUCK AND A 2005 UTILITY TRUCK, AT A TOTAL COST OF $226,916.68 WITH THE FIRST YEAR'S INSTALLMENT PAYMENT REGULAR CITY COMMISSION 2 AGENDA- December 20, 2005 OF FIVE PAYMENTS NOT TO EXCEED $45,383.34 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE - TRUCKS ACCOUNT NUMBERS 001 -1720 - 534 -4455 AND 111- 1730 -541- 4455; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR COMPLIANCE WITH CHAPTER 2004 -21, LAWS OF FLORIDA AND AMENDED SECTION 185.05(6) OF THE FLORIDA STATUTES, TO PROVIDE THAT PARTICIPANTS MAY AUTHORIZE DIRECT THIRD PARTY PAYMENTS AS A DEDUCTION FROM NET BENEFITS FOR SPECIFIC PURPOSES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) (NONE) RESOLUTION (S) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO; LOCAL 3294; (HEREINAFTER REFERRED TO AS AFSCME PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 -YR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CSM AND AFSCME) (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY CITY OF SOUTH MIAMI, FLORIDA, RELATED LOCATED AT 4 3 0 0 SW 5 8TH AVENUE AS ; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION NAMING THE PARK LOCATED AT 4300 SW 58' AVENUE AS COMMISSION OF THE TO NAMING THE PARK (City Manager) REGULAR CITY COMMISSION 3 AGENDA - December 20, 2005 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 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. 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 CONSTITUTES 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 4 AGENDA - December 20, 2005