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51 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ORDINANCENO. __________ __ An Ordinance amending Sec. 8A-l (e) of Chapter 8A of the City of Sonth Miam.i's Code of Ordinances to provide an exception for solicitation of gifts sponsored by non-profit organizations or that benefit the City and adopting applicable portions of the Miami-Dade County ethics ordinance concerning such exceptions. 5 WHEREAS, the Miami·Dade COllilty Commission on Ethics has provided the City of South Miami ("City") with an ethics opinion that concludes that the promotion, by members of the City Commission, of non-profit events is a violation of the City's' ethics code. A copy. of the opinion is attached to this resolution; and' WHEREAS, the City's current ethics ordinance does not provide an exception for the promotion of non-profit events or the solicitation of donations that benefit the City; and WHEREAS, the Miami-Dade County ethic's code Section 2-11.1 (e) (2) does provide for the following exceptions which include the promotion of non-profit events' and soiicitation of gifts that benefit the County: e. Gifts. solicited by COllilty employees or departmental personnel on behalf of the County in the performance of their official duties for use solely by the County in conducting its official business; f. Gifts solicited by Commissioners on behalf of the COllilty in the performance of their official.duties for use solely by the COllilty in conducting its official business; . g. . Gifts solicited by Commissioners, or their staff members, on behalf of any nonprofit organization for use solely by that organization where neither the Commissioner, nor his or her staff receives any compensation as a result of the solicitation. As used in this subsection, a "nonprofit organization" shall mean any entity described in section 501(c)(3) ofthe Internal Revenue Code (the "Code") that is tax exempt under section SOl(a) of the Code. As used in this subsection, "compensation" means any money, gift, favor, political contribution, thing of value or other financial benefit. ; and WHEREAS, the Mayor and City Commission for the City of South Miami desire to adopt the exemption for the solicitations of gifts which would include the promotion of the events sponsored by non-profit organizations. . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION· OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 8A-l ( e) titled "Gifts" of Chapter 8A of the City of South Miami's Code of . Ordinances is hereby amended to read as follows: . (e) Gifts. (1) . Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of moriey, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate 'and lawful consideration. (2) Exceptions. The provisions of paragraph (e)( 1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; Page 1 of2 . ' 1 d. Material such as books, reports, periodicals or pamphlets which. are sol~ly 2 informational or of an advertising nature. 3 e. Gifts solicited by City employees or departmental personnel on behalf of the City 4 in the performance of their official duties for use solely by the City in conducting its official 5 business; 6 f. Gifts solicited by Commissioners on behalf of the City in the performance of 7 their official duties for use solely by the City in conducting its official business; 8 g. Gifts solicited by Commissioners, or their staff members, on behalf of any 9 nonprofit organization for use solely by that organization where neither the COlIlmissioner, . 10 nor his or her staff receives any compensation as a result of the solicitation. As used in this 11 subsection, a "nonprofit organization" shall mean any entity described in section 50 1 (c)(3) of 12 'the lntemal Revenue Code (the "Code") that is tax exempt under section 501(a) of the Code .. 13 As used in this subsection, "compensation" means any money, gift, favor, political 14 contribution, thing of value or other financial benefit. 15 16 * * * 17 Section 2. Codification. The provisions of this ordinance 'shall become and be made part of the 18 Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be 19' renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to 20 "section" or other appropriate word. 21 22 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any 23 reason held invalid or unconstitutional by a court of competent jurisdiction,. this holding shall not affect 24 the validity of the remaining portions of this ordinance. 25 26 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and 27 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the 28 intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being 29 in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict 30 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by 31 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion 32 that needs to be repealed to harmonize the two ordinances shall be repealed. 33 34 Section 5. Effective Date. This ordinance shall become effective upon enactment. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 . PASSEDANDENACTEDthis_dayof~~~~_,,2015. ATTEST: CITY CLERK 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page20f2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: Pepe, Thomas F. From: Sent: Centorino, Joseph (COE) <CENTORI@miam·ldade.gov> Tuesday, April 2B, 2015 3:24 PM To: Pepe, Thomas F. Ce: Diaz-Greco, Gilma M. (COE) Subject: [BULK] INQ 15-77 .Thomas F. Pepe, City Attorney, City of South Miami (Gifts) Importance: Low Mr. Pepe: You have inquired regarding whether a City of South Miami commissioner may, at a commission meeting, promote a running event sponsored by a non-profit organization, where the sponsor requires participants to pay a registration fee that will be used to pay the cost of the event, but where the balance will be donated to a charity by the sponsor. I will assume for the purposes of this inquiry that the language used by any commissioner in question would be for the purpose of encouraging members of the public to participate in this event, and, thereby, to pay the registration fee for the purpose of benefiting the designated cha.rity. The registration fee would represent a gift insofar as it would include a portion to be donated to a specified charitable cause. The portion of the registraflon fee attributable to the charitable donation would, in effect, be a gift under Section BA-l(e)(3) of the South Miami Code, since the 'lmount ofthe registration fee would exceed the amount ofthe consideration provided forthe event itself. Unlike the County Ethics Code, the City of South Miami Ethics Code does not contain an exception for gifts solicited on behalf of a charitable SOl(c)(3) organization. Therefore, I would not read such an exception into the South Miami Code, which pretty closely follows the County Code in describing what is a gift, but does not include the exception that is provided under the County Code for charitable solicitations. The City of South Miami is permitted to impose a stricter standard for solicitation of gifts than does the County Code. Accordingly, the broad prohibition against gift solicitation under Section SA-l(e)(3) would apply to this solicitation, and the commissioner should not participate in soliciting for this gift. Sincerely, Joseph M. Centorino Executive Director and General Counsel Miami-Dade Commission on Ethics and Public Trust From: Pepe, Thomas F. [mailto:TPepe@southmiamifi.gov] . Sent: Thursday, April 09, 20156:32 PM To: Diaz-Greco, Gilma M. (COE) Subject: Commissioner sponsoring a non-profit event Can a commissioner, at a commission meeting, promote a running event sponsored by a non-profit organization when the sponsor requires participants to pay a registration fee the will be used to pay the cost ofthe event and the balance will be donated to a charity by the sponsor? 1 After speaking to you on the phone, I researched our ordinance and I didn't find anything that would prohibit the promotion of such an event. I think it was your opinion that it was prohibited by the City's ethics ordinance 8A-l (e) (3). I think that what you were saying was that the commissioner would be soliciting a gift for the third party, i.e., the corporate sponsor of the running event. 8A-l (e) (3) prohibits a commissioner from soliciting a gift but it doesn't say whether the prohibition involves a gift being solicited for himself or whether it includes a solicitation of a gift for a third party. Was it your opinion that it prohibits the solicitation of a gift for a third party and that when the commissioner promotes the event he is soliciting someone to give their money to the third party? If that is the cas'e, wouldn't it be different in the case of a running event since the payment of the registration fee is not a gift because the person paying the fee gets something of value for his payment, i. e., the opportunity to run in the event? . 8A -1 (e) (3) Prohibitions. A person described in paragraphs (b )(1) tln'ough (6) shall neifuer solicit nor demand any gift. It is also unlawlhl for any person or entity to offer, give or agree to give to any person includ.ed in the terms defined in paragrapbs (b)(l) through (6), or for any person included in the terms defined in paragraphs (b )(1) through (6) to accept or agree to accept from another person or entity, and gift for or because of: a. An offiCial public acti.on taken, or to be taken, or wruch could be taken, or an omission or failure to take a public action; b. A Jegal duty performed or to be performed, or which. could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the tenll defmed in paragraph (b)(l); or d. Attend'D.ce or absence from a pubEc meeting at wbich official action is to be taken. Thank you. Very truly yours, Thomas F. Pepe City Attorney . City of South Miami 1450 Madruga Avenue, Ste 202, Coral Gables, Florida 33146 Tel: (305) 66')·2564 Fax: (305) 341-0584 E-mail: toepe@southmiamifl.gov ATTENTION: This e·mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use ofthe addressee named above. If yO\! are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e·mail in errOT,please immediately notify us by telepbone, call collect if outside of your area code and delete this e-mail. We Will reimburse you for ihe cost of your long distance call. Thank you. Please also note: All e· mails to and from this e-mail site are kept as a.public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes. ch. 119. 2 MIAMI DAILY BUSINESS REVIEW Published Daffy excepl Saturday, Sunday and Legal Holidays Miami, Miami-Dade Counly, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared M. ZALDIVAR, who on oath says that he or she Is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review fJk!a Miami Review. a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in MiamifiDade County. Florida; that the attached copy of advertisement, being a Le~al Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -NOTICE OF PUBLIC HEARING CITY COMMISSION MEETING FOR JUNE 2, 2015 . in the XXXX Court, was published in said newspaper in the issues of 05/22/2015 Affiant further says that the said Miami Dally BUSiness Review is a newspaper published 81 Miami [n saId Miami-Dade County, Florida and that the said newspaper has heretofore besn continuously published in said Miami-Dade County, Florida. eaoh 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 fqr the purpose 01 securing this advsrtls en r publication In the said newspaper. 15 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NonCE IS HEREBY given that the City Commission of the City 01 South Miami, Rorida will conduct Public Hearlng(s) at its regUlar City Commission meeting scheduled for TUesd.a\1, June 02, 2015 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to considerthefollowing item(s): A Resolution authorizing the City Manager to extend the existing agreement to the end of the fiscal year and to enter Into a 3 year agreement with Gomez Barket AssoCiates, Inc. for Lobbying Services as required by the City. A Resolution approving a variance based On an application to pennit 3,600 square foot lot where a minimum of 6,000 square feet' is required. to permit a frontage at 40 feet where 60 feat is required, and to permit an Interior side $stback of 5 feet where a minimum of 7.5 feet is required, for a new two--story rasldence located at6345 SW 62 Avenue, South Miami, Aoride. A Resolution approving a variance based on an application to allow a building coverage of 30.5% where a maximum of 30% is reqUired, for a one-story addition to a single famHy residence located at7B30SW 57 Court, South Miami, Florida. ( An Ordinance amending Sec, aA~1 (e) of. Chapter aA of the City~ of South Miami's COde of Ordinances to provide an exception for solioitation of gifts sponsored by non-profit organizalioTl5 or that benefit the City and adopting. applicable portions of the Miami- Dade Countyet~lcs ordinance conceming suoh exceptions, An Ordinance amending the Development Agreement between South Miami Corporation and 'the City of South Miami for the development of the project known as ~Project Sunset", enacted on June 14, 2005, amended on December 4, 2012, to extend tile eXpiraUon date from June 14, 2015 to June 14, 2025, and to permit amendments agreed to between South Miami Corporation and Ihe Cityol South Miami. ALL interested parties are invited to attend and wiU be heard. For further Information, please ,contact the City Clerk's Office at 30&663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that If a .person decides 10 appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting 9r hearing, he or she wlll need a record of the proceedings, and that 1or:such purpose, affected person may need.toellsure tbata verbatim record of the proceedings is made which record includes the testimony and e~idence upon Which the appeal is to be based. 5/22 15-3-20112444<l56M 20SE 1015 SE . . ~~ ~lz}~ \"'~} ""'''"'''-CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY I,!iv<lU that the City Corrunission <If the City of South Miami, Florida will conduct Public Hcarinl;!\s) at itsl"gular City Commissionmc0ting scheduled forT ..... d"" June 2 21llSPe8iuning at 7:00 p_m_, in the City Commi~sion Chambers, 6130 Sunset Drive, to cOIL,ider the following itemts): A Resolution authorizing the City Manager to extend the existing agreement to the end of the fiscal year and to enter into a 3 year agreement with Gomez Barker Associates, Inc. for Lobbying Services as required by the City. • A Resolution approving a variance based on an application to permit 3,600 square foot lot where a minimum of 6,000 square fest is required, to parmit a frontage of 40 feet where 60 feet is required, and to permit an interior side setback of 5 feet where a minimum of 7.5 feet is required, for a new two-story residence located at 6345 SW 62Avenue, South Miami, Florida." A Resolution approving a variance based on an application to allow a building CQverage of 30.5% where a maximum of 30% is required, for a one' story addition to a single family residence located at 7830 SW 57 Court. South Miami, Florida. ( An Ordinance amending Sec. 8A-1 (13) of Chapter SA of the City of South Miami's COde) of Ordinan<::es to provide an exception for solicitation of gifts sponsored by non-profit organi~tions or that benefit the City and adopting applicable portions of the Miami-Dade COLlnty ethir:s ordinance CQncerning such exceptions. An Ordinance amending the Development Agreement between South Miami Corporation and the City of South Miami for the development of the project known as ~Project Sunset: enacted on June 14, 2005, amended on December 4, 2012. to extend the expiration date from June 14, 2015 to June 14, 2025, and to permit amendments agreed 10 between South Miami Corporation and the City of South Miami, ALL interested pmties are invited to attend and will be heard. For furth .... infonnati,m. pl~"",e coulact the City Ck'fk', Officu at: 30:;-663,6340. Maria M. Menendez., CMC City Clerk Prnsuarrtlo Flond, SIlIrm..186.0105, tho Cit)' """'by ad,;s", thepublio Ihat ih p"rwn decid .. teap!""] ""J'ded.;oomade b)·thi, Bo:ml,AIl"n<:)' or C<IIIIIIli>.;OD ... ilh ""pc<1 to any nmtlor <!".swrn:d .1 jt:l """-'ling ,n° hearing, he or .<he will noed a record "fthe pn><"tlL-ding>. awl th'l fl" ,u<h I""JIO'<' •• ffi:,;tcd p=u m.y ncod '0 OIl .. '''' ,bot. ,.."b.tim ,eoord oflhe (IlOOeNliUg> i. m:uI. whioh "",on! include:! the testlltIDIl)' .nd ",,;<1= opon wbich ,bo app<.1 i, 'I) be boso<l. MiamiHerald,(om I MIAMI HERALD PALMETTO BAY Palmetto Bay Council talks traffic; residents vent BY MONIQUE O. MADAN mmadan@MiamiHerald.com The Village of Palmetto Bay Council met on Monday. THE MAIN ITEM Residents vented at the Village Hall podium Monday night. telling their tales of ter- rible traffic on their streets. The mayor and council members listened and then discussed traffic calming ini- tiatives, such as speed. bumps, traffic circles and signs that would filter non-residential traffic during certain times of the day, Councilman Tim Schaffer, who brought the item to the agenda, warned residents that although they will dis- cuss possible solutions, the village has "no say" in what is done on the' roads. "Our roads were COD- structed by Miami-Dade County," Schaffer said. ''We have no control over penna- nent decisions on county roads." Schaffer was referring to main artery roads such as u.s. 1. Southwest 136th Street, l52nd Street, 168th Street and 184th Street, as well as 87th Avenue. 77th Avenue and parts of 67th Avenue. "Those are all county roads; we can't touch those. We can make suggestions, but we can't take initial responsibility," he said. OTHER BUSINESS • Village manager: The council deferred an item re- gar<ling a new village manag- er position to the next meet- ingonJWlel THEY SAID IT "We can make temporary calrrting adjustments to our interior roads, but it can't be on major roads. And you have to understand that it's going to take cooperation from the neighbors:' -Councilman Schaffer YOU SAID IT "I don't really like the speed bump idea but at this point, anything will help ... spikes?" -PalmeHo Bay resident THE NEXT MEETING • When: 7 p.m. June 1 • Where: 9705 E. Hibis- 'cus Sl