Res. No. 026-04-11805RESOLUTION NO.26-04-11 805
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA DIRECTING THE PLANNING BOARD TO
INITIATE THE PROCESS TO AMEND LAND
DEVELOPMENT CODE SECTION 20-6.1(C)(1)(a)IN
ORDER TO MODIFY THE RESIDENCY REQUIREMENT
FOR THE LANDSCAPE ARCHITECT MEMBER OF THE
ENVIRONMENTAL REVIEW AND PRESERVATION
BOARD ;PROVIDING AN EFFECTIVE DATE.
WHEREAS,Section20-6.1(C)(1)(a)of theSouthMiamiLand Development Code
specifiesthe establishment andmembership of the environmental reviewand
preservation board (ERPB);and,
WHEREAS,the membership of the ERPB atthis time does not contain any members
fromthefield of landscape architecture,and
WHEREAS,ithasbeen difficult inSouthMiamito fill the professional landscape
architect position withthe requirement thatallBoard members must live or workinthe
City;and
WHEREAS,the CityCommission deems it advisable thatthe ERPB should contain at
leastone member with landscape architecture experience.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLOIRDA,AS FOLLOWS:
Section 1.The City Commission of the City of South Miami,Florida hereby
directs the Planning Boardto initiate theprocesstoamendSection 20-6.1(C)(1)(a)of the
South Miami Land Development Code in order to eliminate the residency requirement
forthe landscape architect position onthe environmental review and preservation board
(ERPB).The Commission further directsthe Planning Boardto include inthe proposed
amendment the following additional requirements:
(a)Provide thatthe selection of a landscape architect (non-resident)member
should only come about if a non-resident cannotbe appointed;
(b)The individual fillingthelandscape architect position couldnot have any
work or contract tiestotheCity.
Section 2.This resolution shallbe effective immediately after the adoption
hereof.
PASSED AND ADOPTED this 17th day of February,2004.
Pg.2 of Res.No.26-04-11805
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
J:\My Documents\Resolution ERPBMembershipsRevised.doc
APPROVED:
Commission Vote:5-0
Mayor Russell:Yea
Vice Mayor Palmer:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:yea
Commissioner Wiscombe:Yea
South Miami
All-America City
2001
CITY OF SOUTH MIAMI
To:Honorable Mayor,Vice Mayor &
Commission Members
Date:February 17,2004
From:Maria Davis
City Manage
ITEM NO._
Re:LDC Amendment
ERPB Membership
ufnK
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA DIRECTING THE
PLANNING BOARD TO INITIATE THE PROCESS TO AMEND
LAND DEVELOPMENT CODE SECTION 20-6.1(C)(1)(a)IN
ORDER TO MODIFY THE RESIDENCY REQUIREMENT FOR THE
LANDSCAPE ARCHITECT MEMBER OF THE ENVIRONMENTAL
REVIEW AND PRESERVATION BOARD ;PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
In May of 2002,the City Commission adopted Ordinance No.8-03-1792 which changed the
Environmental Review and Preservation Board by increasing its membership from seven tonine
and mandating that one member of the Board must bea landscape architect.In the interim since
that ordinance wentinto effect,ithas been difficult to fill oneofthecurrentvacant positions
with a landscape architect.The primary reason is that the Code further specifies that all ERPB
members must reside or work inthe city.
It is very important that the ERPB have input from a professional in the landscape architectural
field.This objective could be met if this particular position did not require residency.
RECOMMENDATION
Itis recommended that the City Commission adopt the attached resolution directing the Planning
Board to initiate the process to amend Section 20-6.1(C)(1)(a)of the South Miami Land
Development Code in order to eliminate the residency requirement for the landscape architect
position on the Environmental Review and Preservation Board (ERPB).
Attachments:
DraftResolution
LDC Section 20-6.1 (C)(1)
MD/SAY
E:\Comm Items\2004\2-17-04\LDC AmendonERPB Landscape ArchReport.doc
r
ADMINISTRATION AND ENFORCEMENT 20-6.1
ii.Willful failure to disclose such financial interestshall constitute malfea-
sance in office and shall render the action voidable bythe city commission.
(C)EnvironmentalReviewand Preservation Board.
(1)Establishment and Membership.
(a)An environmental review and preservation board is hereby created which shall
consist ofnine (9)members who reside or work inthe city.
i.The mayor,with the advice and consent of the city commission,shall appoint
the members of the board.
ii.Board membership shall include at least one (1)landscape architect,and
two (2),butno more than four (4),architects licensed to practice intheState
of Florida.
iii.Members shall serve for atermof two (2)years.
w Any member or tne board snail be automatically removed i'or missing three S3
regular meetings in a row or five (5)meetings ina twelve (12)month period,
i.The Planning and Zoning Director shall keep a record ofmeetings missed,
ii.The Planning and Zoning Director shall advise the City Commission and the
member being removed that such member has been automatically removed.
(2)Organization.
(a)Meetings.
i.The board shall hold two (2)regular meetings each month,on the first and
third Tuesday of each month.
ii.Meetings shall not be held if no plans,specifications or items are submitted
for review.
iii.Agendas ofall meetings shall be posted at City Hall not less than three (3)
workingdayspriortoany meetings.
(c)The board shall elect from its membership a chair and vice-chair for a one year
non-successive term,respectively.
i.The chair shall normally preside at all meetings ofthe board.
ii.In the absence or recusal of the chair,the vice-chair shall preside.
(d)A temporary chair may be elected at any meeting when both the chair and
vice-chair are absent or recused.
(3)Pouws and Duties.
(a)The board shall have all such powers and duties as are granted by this Code.
(b)The board shall review and recommend approval,disapproval or modification on
all site plans,projects and specifications as required under the board's mandatory
review pursuant to this Code.
Supp.No.8 137