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Ord No 09-13-2156ORDINANCE NO. 9 -13 -2156 An Ordinance amending the City of South Miami Land Development Code, Section 20 -6.1 (B)(2)(d) and (e), concerning meeting schedules for the Planning Board. WHEREAS, the Land Development Code provides in Section 20-6. 1 (B)(2)(d) that the Planning Board shall hold regular meetings on the second and last Tuesday of each month; and WHEREAS, the Land Development Code also provides in Section 20-6. 1 (B)(2)(d) for meeting exceptions during the months of June and July; and WHEREAS, the number of cases going before the Planning Board has diminished; and WHEREAS, the Planning & Zoning Department discussed this issue with the Planning Board at their February 12, 2012 regular meeting, recommending that the meeting schedule be reduced to the second Tuesday of the month; and WHEREAS, at the February 12, 2012 Planning Board regular meeting, the Planning Board had no objection to the reduction in the number of regular meetings from two to one, with the provision that a special meeting could be called by the Chairman or the Planning & Zoning Director if a second, special meeting was necessary to conduct City business; and WHEREAS, the last Tuesday of the month could still accommodate a special meeting if required. NOWTHEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: Section 20-6. 1 (B)(2)(d) and (e) of the City of South Miami's Land Development Code is hereby amended as follows: 20 -6.1 - Administrative entities (B) Planning Board. (2) Organization. (a) The board organization, procedures, meeting notice and meeting conduct shall be in accordance with bylaws adopted by the board. (b) The board shall elect from its membership a chairman and vice -, chairman for one (1) year non - successive terms. i. The chairman shall normally preside at all meetings of the board. �q. 2 of Ord. No. 9 -13 -2156 ii. In the absence of the chairman, the vice - chairman shall preside. (c) A temporary chairman may be elected at any meeting when both the chairman and vice - chairman are absent. (d) The Planning Board shall hold one 1 regular meetings at 7:30 p.m., on the second and last Tuesday of each month with the exception of the months of june and i tl�-_during which the City Commission takes its summer break. The Planning Ream shat hold one () regulaf mooting at 7:30 r on the tt,;, � Tuesday f r, and seeend Tuesday of r„ i., Meetings need not be held if there are no scheduled agenda items. All regular meetings shall be held at City Hall. (e) The Chairperson or the Planning and Zoning Director shall have the authority to call a special meeting if there are items or applications that require Board action, or due to circumstances which prevent a regularly scheduled meeting from being held and provided that notice of the meeting is given to the City Commission, Board members, applicants, and posted at City Hall not less than three (3) working days prior to the meeting date. Section 2: Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re- lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. Pg. 3 of Ord. No. 9 -13 -2156 PASSED AND ADOPTED this 1 9thday of March , 2013 ATTEST: TY CLER 1st Reading - 3.5.1 3 2nd Reading - 3.1 9.1 3 READ AND APPROVED AS LANG A ALITY /AI THEREO TTORNEY APPROVED: MAYOR COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea South Miami *America City i r -— CITY OF SOUTH MIAMI �® � INCORPORATED � OFFICE OF THE CITY MANAGER �o►t10P INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and City Commission Via: Steven J. Alexander, City Manager From: Christopher Brimo, AICP A,�% Planning Director ��//►►��__ Date: February 27, 2013 SUBJECT ITEM No. An Ordinance amending the City of South Miami Land Development Code, Section 20 -6.1 (B)(2)(d) and (e), concerning meeting schedules for the Planning Board. SUMMARY OF REQUEST This item came up for discussion at the February 12, 2013 Planning Board meeting. Staff requested that the Planning Board consider a reduction in the number of regular meetings from two to one, with the provision that a special meeting could be called by the Chairman or the Planning & Zoning Director if a second, special meeting was necessary to conduct City business. The primary reason for the request is a reduction in the number of cases currently going before the Board for review and recommendation. Rather than post a meeting cancellation when there is no business to be addressed, administratively it is simpler to reduce the required number of meetings with the option to call a special meeting if necessary. The proposed amendment will not have a negative impact on the timeline for getting the items before the City Commission for approval. The Planning Board had no objection to the proposed reduction in monthly meetings, from two to one. The proposal is as follows: 20 -6.1 - Administrative entities (B) Planning Board. (2) Organization. (a) The board organization, procedures, meeting notice and meeting conduct shall be in accordance with bylaws adopted by the board. Page 2 of 2 (b) The board shall elect from its membership a chairman and vice - chairman for one (1) year non - successive terms. L The chairman shall normally preside at all meetings of the board. ii. In the absence of the chairman, the vice - chairman shall preside. (c) A temporary chairman may be elected at any meeting when both the chairman and vice - chairman are absent. (d) The Planning Board shall hold one 1 regular meetings at 7:30 p.m., on the second and last Tuesday of each month witli the exception of the months of June and - J>: }13F. The Planning Board shall hold one (1) regular meeting at 7:30 p.m. on the third Tuesday of June and second Tuesday of r4- . Meetings need not be held if there are no scheduled agenda items. All regular meetings shall be held at City Hall. (e) The Chairperson or the Planning and Zoning Director shall have the authority to call a special meeting if there are items or applications that require Board action, or due to circumstances which prevent a regularly scheduled meeting from being held and provided that notice of the meeting is given to the City Commission, Board members, applicants, and posted at City Hall not less than three (3) working days prior to the meeting date. ZACommission Items\2013\3 -5 -13 \Sec1ion 20- 6.1(B)(2)\20- 6.1(B)(2)(d)_(e) amendment CM Report.doex n 4b MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legat Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - MARCH 19, 2013 in the XXXX Court, was published in said newspaper in the issues of 03/08/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, r bate, com . or refund for the purpose of securing s adve ment for publication in the said newspape, .t ,; Sworn to and subscribes notnre me this 1219__002=21.0 ��s•t�j[cj (SEAC_../ �•;�" y Y4"' MARIA MESA Notar y Public - State of Florida O.V. FERBEYRE personal ® g My Comm. Expires Mar 4, 2018 Commission # £E 188275 Bonded Through National Notary Assn. Im « 0; 1M>