Res. No. 054-05-12033RESOLUTION NO.54-05-12033
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,REQUESTING THE PLANNING
BOARD TO CONSIDER AND RECOMMEND UPON A REVISION
RELATED TO THE APPOINTMENT OF PLANNING BOARD MEMBERS
BY AMENDING SECTION 206.1(B)(1)(b)OF THE SOUTH MIAMI LAND
DEVELOPMENT CODE IN ORDER TO PROVIDE FOR STAGGERED
APPOINTMENT TERMS FOR PLANNING BOARD MEMBERS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Section 20-6.1(B)(1)of theSouthMiamiLand Development Code specifies
the establishment and membership of thePlanningBoardand:
WHEREAS,thecurrentcodespecifiesthatPlanningBoardmembersshallserveaterm of
two years;and
WHEREAS,previousprovisionsintheLandDevelopmentCodeprovidedthatfour(4)
PlanningBoardmembersshallbeappointedforaterm of oneyearandthree(3)membersshallbe
appointed foraterm of twoyears,andall successor membersshallbe appointed fortwoyearterms;
and
WHEREAS,the effectiveness ofthePlanningBoardmightbenefitfromhaving overlapping
appointment terms;and
WHEREAS,theCity Commission wishestoconsiderthepossibilityofamendingtheLand
Development Code in order toreturnto staggered terms;and
WHEREAS,anamendmenttothetext of theLand Development Code requires apublic
hearing and recommendation from the Planning Board.
NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.TheCityCommissionisrequestingthePlanningBoardtoconductapublichearingand
providea recommendation onanamendmenttoSection 20-6.1(B)(1)of theLand Development
Codewhichwouldprovidethatfour(4)Planning Board members shallbeappointedforatermof
oneyearandthree(3)membersshallbeappointedforaterm of twoyears,andallsuccessor
members shall be appointed for two year terms.
Section 2.This resolution shalltakeeffect immediately upon approval.
PASSED AND ADOPTED this _/^day of (MaUL ,2005.
Pg.2 of Res.No.54-05-12033
ATTEST:
CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
E:\Comm ltems\2005\4-l9-()5\PIanning BoardMembershipReso.doe
COMMISSION VOTE:
Mayor Russell:
Vice-Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper
Commissioner Sherar
5-0
Yea
Yea
Yea
Yea
Yea
CITY OF SOUTH MIAMI
OFFICE OF THE MAYOR
INTER-OFFICE MEMORANDUM
South Miami
Alt-AmertcaCity
W
2001
To:Honorable Vice Mayor &
Commission Members
From:Mary Scott Russell jJjA^yfx'
Mayor '''""
Date:April 19,2005
7
'ivrffiF^
ITEM No._
Re:LDC Amendment
Appointment of Planning Board
Members
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,REQUESTING THE PLANNING BOARD TO
CONSIDER AND RECOMMEND UPON ON A REVISION RELATED TO THE
APPOINTMENT OF PLANNING BOARD MEMBERS BY AMENDING SECTION
20-6.1(B)(l)(b)OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN
ORDER TO PROVIDE FOR STAGGERED APPOINTMENT TERMS FOR
PLANNING BOARD MEMBERS;PROVIDING FOR AN EFFECTIVE DATE.
SUMMARY
Theattached resolution submitted bytheMayorwouldchangethe appointment terms of Planning
Boardmembers.TheLandDevelopmentCodecurrentlyspecifies mat Planning Boardmembers
shallserveaterm of twoyears.Itisproposedthatthissection of theLDCbe amended to provide
thatBoardmembersbeappointedonstaggeredterms.PreviousregulationsintheLand
DevelopmentCodeprovided mat four(4)PlanningBoardmembersshallbeappointedforaterm
of oneyearandthree(3)membersshallbeappointedforaterm of twoyears,andall successor
members shall be appointed fortwoyearterms.
Currently the appointment or re-appointment of allseven members at one time every two years can
beadifficultprocess.Thelongtermcontinuityandeffectiveness of the Planning Boardwould
benefitfromhaving overlapping appointmentterms.Theinitialsteptomakethischangeisto
requestthePlanningBoardtoconductapublichearingandprovidearecommendationtotheCity
Commission.
RECOMMENDATION
Itis recommended that the attached resolution be adopted.
Attachments:
LDC Section 20-6.3(B)
Draft Resolution MSR/DOD/SAY\\MCGRUFF\PL\NNING\Comm Ftems\2005\4-19-05\Planning Bd MembersTerm Report.doc
20-6.1 SOUTH MIAMI LAND DEVELOPMENT CODE
ii.Actions uponsite plans,variances,administrative appeals,planned unit
developments,nonconforming usesand special usesshallbeby resolution.
All other actions shall be by ordinance.
(c)Thecity commission maydefer action onany application orothermatter before
it,for cause,fora reasonable period of time.
(d)Thecity commission mayreferamatterbacktotheplanning board ortheenvi
ronmentalreviewandpreservationboard for furtherconsiderationandrecom
mendation.
(e)Whenanyrequest requiring a public hearing before theplanning board hasbeen
acted uponbythe commission and denied or failed topass,such proposed change,
in the same or similar form shall not be reconsidered by the commission fora
period ofatleast one (1)year following thedateofsuch action (removed:when
denied without prejudice)exceptinwhichcase reconsideration is possible after
six (6)months for the date established for the prior hearing at the request of the
majority of the corn-mission.
(f)Financial Interest.
i.Any memberofthecity commission whohasaspecial financial interest,
directorindirect,inanymattershallmake that interest knownandshall
abstain from participation therein in any manner.
ii.Willful failure to disclose such financial interest shall constitute malfea
sance in office and shall render the action voidable by the city commission.
(B)Planning Board.
(1)Establishment and Membership.
(a)Thereisherebycreateda local planningagencytobeknownastheSouthMiami
Planning Board.
(b)Theboard shall becomprisedof seven (7)members whoreside in the city.
i.Members ofthe board shallbe appointed bythemayor,withthe advice and
consent of the city commission.
Planning board members,shallservefora term oftwo (2)years.
Vacancies shall be filledfor the remainder of any unexpired terms.
Any memberofthe board shallautomaticallyberemoved for missingthree
(3)regular meetingsinaroworfive (5)meetingsinatwelve (12)month
period,
v.Thedirectorofbuildingandzoningshallkeepa record ofmeetingsmissed
andadvise the city commissionand the member being removed that such
member has been automatically removed.
(2)Organization.
(a)The board organization,procedures,meetingnoticeand meeting conduct shallbe
in accordance with bylaws adopted by the board.
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