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171 RESOLUTION NO. _____ _ 2 3 An Ordinance amending South Miami Code of Ordinances, article I, chapter 2, 4 section 2-2.1(K) prohibiting the sending and receiving of electronic communication 5 by a Commission member while the member is sitting on the dais during a 6 Commission meeting. 7 8 Whereas, Commissioners have expressed disapproval with the use of electronic communication 9 devices by members of the City Commission during commission meetings for sending and receiving 10 electronic messages; and 11 12 Whereas, the sending and receiving of electronic messages is distracting to the other 13 COmmISSIoners. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 17 18 Section 1: The South Miami Code of Ordinances, article I, chapter 2, section 2-2.1 (K) shall be amended 19 as follows: 20 (K) DECORUM. 21 (1) By commission members. While the commission is in session, the members must ~2 preserve order and decorum, and a member shall neither by conversation or otherwise 23 delay or interrupt the proceedings or the peace of the commission nor disturb any 24 member while speaking or refuse to obey the orders ofthe commission or its presiding 25 officer, except as otherwise provided. Commissioner members shall tum off all 26 communication devices other than those used to view commission agenda items and those devices 27 shall have their external communication either disconnected or deactivated dming the time between 28 the start of a commission meeting and the time that such meeting is adjourned for the day. 29 30 Section 2: Codification. The provisions of this ordinance shall become and be made 31 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 32 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 33 "ordinance" may be changed to "section" or other appropriate word. 34 35 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 36 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 37 shall not affect the validity of the remaining portions of this ordinance. 38 39 Section 4. Ordinan.ces in Conflict. All ordinances or parts of ordinances and all 40 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 41 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 42 that give the appearance of being in conflict when the two ordinances can be harmonized or 43 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 4-4 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby Page 1 of2 I 1 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 2 to harmonize the two ordinances shall be repealed. 3 4 Section 5. Effective Date. This ordinance shall become effective upon enactment. 5 6 PASSED AND ENACTED this __ day of ,2012. 7 8 ATTEST: APPROVED: 9 10 11 12 CITY CLERK MAYOR 13 14 1 st Reading 15 2nd Reading 16 17 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 18 LANGUAGE, LEGALITY AND Mayor Stoddard: 19 EXECUTION THEREOF Vice Mayor Liebman: 20 Commissioner Newman: 21 Commissioner Harris: 22 Commissioner Welsh: 13 CITY ATTORNEY 24 25 26 27 28 29 30 31 w:\my documents\resolutions\resolution texting at meetings prohibited (welsh).doc Page 2 of2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, 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 NOTICE OF PUBLIC HEARING 4/3/2012 in the XXXX Court, was published in said newspaper in the issues of 03/23/2012 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, rebate, commission or refund for the purpose of securing this advertisement fo publication in the said newspaper. Sworn to and subscribed before me this 23 day of MARCH ,A.D. 2012 (SEAL) V. PEREZ personally known to me Notary Public State of Florida Cheryl H. Marmer My Commission 00793490 Expires 07/1812012 THE MIAMI HERALD I MiamiHerald.com T MOTORS US-1 & South 160-180 Street In Miami southmotors,com Cash Back On Trane Air Conditioners. Buv a Trane Comfort System lodav. And receive an Instanl Rebate UP 10 $1.250 A Trane Comfort System with an efficiency rating of 20.00 SEER can save you up to 67% off your power bill, while removing up to 20 gallons of moisture a day from home -leaving you cool and comfortable. And, If you can act before May 31, 2012, you will get an Instant Rebate up to $1,250.00. Plus to $1,495 In FPL rebates! ' THE CHERRY GROU THE COCONUT GROVE REALTORS SYLVIA CHERRY, PA GARY HECHT, PA 305.992.2211 VISIT CHERRY MIAMIHOMES.COM Coldwell Banker Residential Real •"-" , ;. ~,:~:' .. ' . :';,.:. CITY OF SOUTH MIAMI COURTESY NOTICE SE SUNDAY, MARCH 25, 2012 I 21SE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at Its regular City Commission meeting scheduled for Tuesdav. April 3. 2012. beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution relating to a request pursuant to Section 20-3.4(B)(4)(b) of the land Development Code for Special Use Approval to locate a general restaurant at 6208 S. Dixie Highway within the General Retail "GR" zoning district. A Resolution relating to a request for two variances from Section 20-3.5(E) of the land Development Code, to allow the lot size to be 5,875 square feet, where a minimum lot size of 6,000 square feet is required; and to allow 50 feet of frontage where 60 feet is required, on property located at 6457 SW 60th Avenue, within the RS-4 zoning district; to permit the construction of a new one-story, LEED certified affordable single family residence within the City's Community Redevelopment Area. A Resolution relating to a request for a variance from Section 20-3.5(E) of the land Development Code, to allow 54 feet of frontage where 60 feet is required, on property located at 650J SW 60th Avenue, within the RS-4 zoning district; to permit the construction of a new one-story, LEED certified affordable single family residence within the City's Community Redevelopment Area. A Resolution authorizing the City Manager to extend the audit contract, relating to financial audit services, with the audit firm of Keefe, McCullough & CO. LLP., for one additional year, for a totai of three consecutive years. An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a) and (3)(b) concerning membership and powers and d\Jties of the Environmental Review and Preservation Board. ( An Ordinance amending South Miami Code of Ordinances, Chapter 2, Article I, Sec. 2-2.1 (1<)(1) prohibiting the sending and receiving of electronic communication by a Commission member while the member is sitting on the dais during a Commission meeting. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-634,.. Maria M. Menendez, CMC City Clerk Pursuant to Florida 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. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/kla 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 -APRIL 17, 2012 in the XXXX Court, was published in said newspaper in the issues of 04/06/2012 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, rebate, comm' 'n or refund for the purpose of securing this Isement for ublication in the said 06 day of APRIL ,A.D, 2012 ~/~ .. (SEAL) MARIA MESA personally known to me Notary Public State of Florida ChOryl H, Marmer My Commission D0793490 Expires 07/18/2012 30S~J2y~"~~y!~~~I~",~,,~gg SE ""~"""=~,,=,,==~_~,,_ ,,_~~ _____ ~ __ ~,,~~"w ,_~_~_~_~_~Miamilj~:~!9~~?E!:",U"~~"!:Il~!~L~"~~~ PALMETTO BAY Village seeks downtown residents could identify with • DOWNTOWN, FROM 6SE different avenues and we will whittle them down in our proposal," Williams said. "We think we're in a position where we can come back to the council with a set of documents, A-B-C or D and let's try to get it done. The broad issue is the con- tinued focus on developing this community." Edward Silva, Palmetto Bay's director of Building and Capital Projects sees the future downtown re- gion, which feeds into Pal- metto Bay Park and the county's busway, as "home- town-ish, something people can readily identify with." "This satisfies the eco- nomic development engine we've been pushing," Stanc- zyk said. Some of the infrastruc- ture work to allow for the kind of mixed-use develop- ment Palmetto Bay envi- sions has been completed. Sidewalks along 97th Ave- nue have been repaired and paved, while the Miami- Dade Water & Sewer De- partment worked on water lines which would serve the demands of restaurants in the vicinity. Last week the council unanimously agreed to a road transfer agreement be- tween the county and the village so that Palmetto Bay would accept jurisdiction and ownership of Franjo Road/Southwest 97th Ave- nue from Southwest 184th Street to northbound U.S.L The transfer, which needs county approval, is key in the village's plans to mark the area as its downtown destination site, Williams said. One of the areas Palmetto Bay looked to help imagine the possibilities for a down- town district, beyond Wyn- wood, was Glendale Califor- nia's The Americana at Brand shopping complex. The Americana, a 15.5 acre site in downtown Glendale, opened in 2008 as a mixed- ;;;;;;;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:;;:11, I use development of retail, CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, April 17. 2012, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution relating to a request pursuant to Section 20-3.4(B)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 6208 S. Dixie Highway within the General Retail "GR" zoning district. A Resolution authorizing the City Manager to enter into an agreement with Municipal Code Corporation (MCCI), for a five year period, with the first annual maintenance fee payment to be included in the purchase of the software License and years two (2) through five (5) to be paid annually from account number 001-1340-513-4634 Maintenance-Internet Services in the amount of $12,000.00. An Ordinance amending the Land Development Code, Section 20-6.1 (C)(1)(a) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Board. U n Ordinance amending South Miami Code of Ordinances, Chapter 2, Article 1.')- Sec. 2-2.1 (K)(1) prohibiting the sending and receMng of electronic communication by a Commission member while the member is sitting on the dais during a Commission meeting .. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez. CMC City Clerk dining, entertainment and residential space. Some resi- dents initially feared over- development of that area. That mall has popular lures like an Apple store, Cheese- cake Factory, an 18-screen movie complex and a Barnes and Noble store. Pal- metto Bay would similarly look for a mix of familiar i chains but with an emphasis on stores unique to the area The feasibility report and study noted there currently exists a shortage of in-de- mand retail establishments like full-service restaurants, book and music stores, sports bars and a florist. One aspect of the Palmet- to Bay project that differs from Glendale'S, however, is its mission to "reduce the carbon footprint" thanks to the garage and its linkage to the village's I-Bus system I and the county's public tran- sit and Metrorail system to Downtown Miami. Residents will have the opportunity to address the council throughout the vari- ous stages of development. Carol Vega, who says she has had serious drainage is- sues along her street and home on 178th Terrace for more than a decade, feels Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any money has already been decision made by this Board. Agency or Commission with respect to any matter considered at its meeting or misspent on botched repairs hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need in her neighborhood. She to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence h" t f upon which the appeal is to be based. says S e IS agams some 0 these new projects, "like PHOTO PALMETIO BAY GARAGE: Artist rendering or proposed parking garage in Palmetto Bay, near the Village Hall. PHOTO PALMETIO BAY DOWNTOWN: Aerial rendering of proposed Palmetto Bay downtown district. BILL KRESS/FOR THE MIAMI HERALD TRIANGLE: Aerial shot of the northern end of the Franjo Triangle. Village Hall (roof covered with Solar panels) positioned in the center of the shot, that monster garage. We don't have to create these things if you've already mis- spent money." The project will not move forward until at least 60 per- cent of the retail spaces is pre-leased. Follow @HowardCohen on Twitter.