Ord No 32-16-2265ORDINANCE NO.32-16-2265
An Ordinance amending Section 20-6.1 of the City of South Miami's Land Development Code
to make corrections and to amend the membership and quorum requirements for the
Planning Board.
WHEREAS,Section 20-6.1 of the City'sLand Development Code ("LDC")provides for the
establishment of the South Miami Planning Board;and
WHEREAS,Section 20-6.1 of the LDC also provides requirements for a quorum of the Planning
Board;and
WHEREAS,the provisions regarding the appointment of members conflicts with an amendment
to the City Charter;and
WHEREAS,the City Charter was also amended in 2014 to remove the requirement that five(5)
members of the Planning Boardbe present to constitute a quorum;and
WHEREAS,the inability of five(5)members to attend has,at times,caused the cancellation of a
PlanningBoard meeting which causes a hardship to the applicants whose applications cannot move
forward without the Board's recommendation;and
WHEREAS,this proposed amendment to section 20-6.1 (B)was reviewed by the Planning Board
on October 11,2016 and the Board recommend approval bya vote of four to one,with the condition
that the quorum number not be changed since they were concerned that an item would not advance to
the City Commission if there was a tie vote;and
WHEREAS,the MayorandCity Commissioners of the Cityof South Miami desire to adopt this
ordinance to address the problems described above.
NOW,THEREFORE,BEIT ORDAINED BYTHE MAYOR AND CITY COMMISSION OFTHECITYOF
SOUTH MIAMI,FLORIDA:
Section 1.Section 20-6.1(B),"PlanningBoard,"of the City'sLand Development Code,is hereby
amended to read as follows:
20-6.1 -Administrative entities.
***
(B)Planning Board.
(1)Establishment and Membership.
(a)There is hereby created alocalplanning agency tobeknown as the South Miami
Planning Board.
(b)Theboardshallbe comprised of seven (7)members who reside inthecity.
i.Members oftheboardshallbe appointed bythemayor,with the advice and
consent of the city commission.In accordance with the City Charter.Article II.Section
8.A.each City Commissioner shall appoint one person to serve as a representative
on the Board and all any other members of the Board shall be appointed by three (3)
affirmative votes of the City Commission based on recommendations submitted by
any City Commissioner.
Page 1
Ord.No.32-16-2265
v.The ^Director ofbuilding Planning and zZoning shall keep a record of meetings
missed and advise the oCity GCommission and the member being removed that such
member has been automatically removed.
(4)Procedures.
(a)Quorum and voting.
i.A quorum shall be five(5)four (4)members.
Section 2.Codification.The provisions ofthis ordinance shall become and be made part of the
Land Development Code of the Cityof South Miami as amended;that the sections ofthis 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 ofthis ordinance isfor any
reason heldinvalid or unconstitutional bya court of competent jurisdiction,this holding shall not affect the
validityof the remaining portions ofthis 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.
Section 5.Effective Date.This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 1 5thdav of November .2016.
APPROVED:
/MAYOR'MAYOR
1"Reading _11/1/1 6
-.nd2na Reading _11/1 5/1 6
READ AND lAPPROVED AS TO FORM:COMMISSION VOTE:
LANGUAGE,LEGALITY.ANCP)Mayor Stoddard:rrtHEREOP/1 Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
JITYi rORNE
5-0
Yea
Yea
Yea
Yea
Yea
Page 2
CITY OF SOUTH MIAMI
SoiJth^Mi^irni OFFICE OF THE CITY MANAGER
^^"i^LJSSng INTER-OFFICE MEMORANDUM
To:The Honorable Mayor&Members of the CityCommission
Via:Steven J.Alexander,City Manager
From:Jane Tompkins,AICP,Planning Director
Date:November 1,2016 Agenda Item No.:_it•Jar i .,,.,,..„•„
Subject:
AnOrdinance amending Section20-6.1of the City of SouthMiami's Land Development Code
to make corrections andto amend the membership and quorum requirements for the
Planning Board.
Background:
TheLand Development Code (LDC)includesprovisions regarding the appointment of members
and quorum requirements for the PlanningBoard.Morespecifically,the LDC gives the authority
Oto appoint members to the Mayorand requires five(5)of the seven(7)members be present to
constitute a quorum.At one time,these provisions were similarto those found in the City
Charter.In2014,the Charter provisionsfor appointment were changed to giveeach
Commissioner an appointment and the requirement forfive(5)members to establish a quorum
was removed.The LDC,however,was not amended to reflect these changes to the Charter.
Analysis:
Section 20-6.1(B),"Planning Board,"of the City'sLand Development Codewillbe amended to
read as follows:
20-6.1 -Administrative entities.
(B)Planning Board.
(1)Establishment and Membership.
(a)There is hereby created alocal planning agency tobeknown as the South Miami Planning
Board.
(b)The board shallbe comprised of seven (7)members who reside in the city.
i.Members of the board shall bo appointed by the mayor,with the advice and
consent of tho city commiGoion,in accordance with the City Charter,Article II,Section
8,A,each City Commissioner shall appoint one person to serve as a representative
on the Board and all any other members of the Board shall be appointed by three (3)
affirmative votes of the City Commission based on recommendations submitted by
any City Commissioner.
Planning Board Membership and Quorum Requirements Text Amendment
November 1,2016
Page 2of2
v.The ^Director ofbuildingPlanningand ^Zoning shallkeepa record of meetings
missed and advise the oCity ^Commission and the member being removed that such
member has been automatically removed.
**•*
(4)Procedures.
(a)Quorumandvoting.
i.A quorum shallbe fivo (5)four(4)members.
n\V •*•*Theproposed ordinance amendment will nowmakethe appropriate changes regarding
appointments,other necessary corrections,andwill reduce the quorum requirement to four
(4),whichisamajorityof the board.Attimes,meetingshave been cancelledduetoalackof
quorum,and that causes a hardship forapplicantswho applications can't moveforward
without the Board's recommendation.Reducing the quorum requirement tofourincreases the
likelihood that a meeting willbe held.
Punning Board Action:
ThePlanningBoardreviewedandheldapublichearingon the itemonOctober11,2016.The
Board members expressed concerns about theimpactofatie vote ifthe quorum was reduced
tofour members.Amotionto approve the ordinance without the changeinquorumwas
approved on a vote of 4 -1.
Recommendation:
Itis recommended that the City Commission approve the proposed amendment to the Land
Development Code after second reading.
Attachments:
0 Draft Ordinance
9 ExcerptofdraftPlanningBoard meeting minutes.
JKT
Macintosh HD:Users:salexander:Desktop:PB-16-029 PBMembershipText Amendment ReportflJ.docx
o
o
V.
CITY OF SOUTH MIAMI
Regular Meeting Minutes Excerpt
Tuesday,October 11,2016
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of SouthMiamiCode of Ordinances,Section8A-5,requires that all lobbyists,asdefinedin that section,
must register withtheCityClerk before engaging inanylobbying activities andin most cases payan annual fee of
$500.00andanadditional$100foreachadditional issue.This applies to allpersonswhoareretainedwithor
without compensation to influence any action,decision,recommendatioj0^omeone with the city,including the
city manager,city attorney,department heads,city personnel,or mea§^0bf the city commission or members of
any city board,concerning a matter that could foreseeably be addre^^^he city commission ora city board.There
are some exceptions and exemptions.The following are not^^d&^^tp be lobbyist:a representative ofa
principal ata quasi-judicial hearing,experts who present sc^m^c or tic^^l information at public meetings,
representatives of a neighborhood association without^0^ensation an&f(^;,esentatives of a not-for-profit
community based organization for the purpose of re^&hg a grant who s^jjfy&p influence without special
compensation.
Individuals whowishtovieworlisten tp^the meeting irRt
meeting can be found on the city's w
I.Call to Order
Action:Mr.Greinej^^^^^eeting tcy^er a^^^^^.
II.Roll Call
BoarcWtembers Absenff
City Staff^^ent:Ms.Ja^fftfompkirfc (Planning Director)and Mr.Marcus Lightfoot (Senior
?xm&
!«iips,MrWmsu and Mr^itow.^
i%:Glav&i&MMs.Kahn
Planner/Zonirrgpdjninistratoi^-
City Staff Absent:None;
^,v>
City Attorney:Mr.Thomas Pepe
III.Administrative Matters
^*»..'•*##%•,.
«
r,audio and videolversions of the
Greiner (Chairman),Ms.Fischer (Vice-
Ms.Tompkins informed the Board that the November Planning Board meeting wason the same
dayas the General Election.Because of that sheasked the Boardif they wanted to reschedule the
meeting.Afterdiscussing possible dates,the Board elected to reschedule their November meeting
for Thursday,November 10,2016.
Dr.Philips askedif the Chair canmakemotionsonitemsbeforethe Board.Mr.Pepe responded
that when itisasmallbody,the Chairhas the samerightsandprivilegesasany other member on
the board.
Mr.Greineraskedif the LDC Comp Plan Workshop hasbeen scheduled.Mrs.Tompkins responded
no but will inform the Board once a date has been selected.
Mr.Basuaskedif there wasan item submitted for the Shopsat Sunset Place,of which staff stated
yes.Mr.Basu then stated that because this item will eventually come before the Board,it would be
a good idea remember the Sunshine Law.
IV.Public Hearings
1.PB-16-029
Applicant:City of South Miami
An Ordinance amending Section 20-6^^p^e City of SouttiVhpii's Land Development
Code to make corrections and to am J|§§the membership and q^ym requirements for
the Planning Board.
Ms.Tompkins presented the
Mr.Greiner asked a question a^^^h^^^^^behind ISkboard appointments are made.Mr.
Pepe stated that it is listed in the C^per."^^feftnance c^»contradict the Charter.Mr.Pepe
went on to stat5i^^^^^originally^kcharti^^^toed tl^l^porum for the Planning Board,
but was remo^^^^n "^Wiarter w^Mri^^Kn<^^^teaving it up to the City Commission
to decide by i
Dr.Philips stated
'Comr
jecommendaf
The !|iyj:hen held a <M||i|ssion 61|§l|e concept of requiring a recommendation for an item.
Dr.Philips^^M if the B<aH could approve the ordinance with the exception of keeping the
quorum at 5.1*^^epe reJplfnded yes.
TheBoard then heia^gscussion onhow the CityCommission appoints board members.
The Chairperson opened the floor to public comments on PB-16-029.
®None at this time
The Chairperson closed the floor to public comments on PB-16-029.
Motion:Dr.Philips moved to approve PB-16-029with the amendment that the quorum stay at
five(5).The motion was seconded byMs.Fischer.
it as;
19 to the Boj
Ath foullieople is thatthere could beatievote and the
£ins s^pM that the motion may not fail but could go to
ate,Mr.WlBfetetf that ifthere was a tie vote,there wouldn't be
Vote:Yes 4,No 1 (Basu)
Mr.Basu:No
Dr.Philips:Yes
Mr.Greiner:Yes
Ms.Fischer:Yes
Mr.Melow:Yes
V.Public Comments/New Business
The Chairperson opened the floor to public comments and any new business.
Public Comments Section
No comments from the public.
New Business Section
No New Business from the Board
The Chairperson closed the floor to public com
VI.Approval of the Minutes
1.Planning Board Minutes of Septe
Motion:Mr.
the motion.
VII.Future MeetA|ate
A)November 8,2Bm§t
VIII.Adjournment
Mr.Greiner adjourned the meeting at8:26P.M.
withThanges.Mr.Greiner seconded
8SE NEIGHBORS SUNDAY NOVEMBER 6 2016
MIAMIHERALD.COM
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CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICEISHEREBY pvtrnthattheCilyCommission of iheCilyofSoothMiami.Floridawillconduct PublicHearing^)
at lis iceulai CHv Commission meeting scheduled fin Turvdav.Novrmhcr15.2UJfi.bceinnin^at 7.M.I p.m..in llie Cily
CommissionChambers.*iJ3U Sunset Drive,to consider Hiefolk-wingilcm(s):
A Resolution authorizing theCity Managei to pri<eurc onlineregistration moduleoJ ReCPro withR.C.Systems.Inc.
A Resolution aulhomiogthe City Managerto purctasc Miuosafl 365 \nitwafcand cnlci intoa licensing agreement with
SHI lnicroatk«tial Corp..an authorized contractorfor Microsoft,througha piegvhackwiththa StaleofFloridaContract
No.432U000-15.02.
A Resolution authorizing the City Manager to purchas?Check Point firewall software npphance.from Compinaiip
Tcuhnolfgic!.LLC.an anllwiizcd reseller «»J Check fuinl LTD.thruugh a pigeybaik widi the .Slateor Maryland
Contract No 0f.0B24y0U22.
AmOnlinsuice amending the Land Development Code.Article VI.Seuiinu 2H-6 1.millotherappJicnblc provisions,to
dcline the twin "less;restrictive''as it appliestothevoting teqoircmrnls oftheCity Gimmivuon.
An Oidinapce vacating and abnmloninp a poition ofSW K2 Stieel more folly described ina legal ricsenptinn herein.
(subject tocertain condition.*.,includingthepreservationofan easeivtcw.•
An Ordinance amending Section 20-fU o|die City ol South Miami Land Development Code,to male corrections and]
to iimr-nd the mcoibriship andquorumrequirementsforthePlanning Brwd.'
An Ordinance amending thr.Chapter1 Article1,Section3-2.1(B).(C)and(C)1and 2 to nanlDy the capilalkaih'jiof
Key words und to addrequirements far Sunshinr Meetings.
An Ordinance amending theCilyof SouthMiamiLand Development ArticleVI.Section20-6.t'Bj <t)faj m loprovide
for »recommendation ofthePlanning Boaid when the Board h deadlocked.
ALL interestedpartiesarcinvited to attendand will K*heard
h'or further infoimation.pleas*contacttheCily Clerk's Oflicc at 3(l5-M>3-63<ll).
Maria M.Mcnende-J CMC
CityClerk
Pmroam i-J-Twi*Sluice2S6 D105.J»CuvrurchvadvisesifcspuWfc tluu rfaprrn-ntU-nfltj ioafjolanyd«wiosvkok Iyihi«Brmrd.Agcn:>•TlVnw.stit.a
<*iif»kvjxci h>«?«>•otfiu-rciiiuiJrtvJji a.liirtfimjL >•»b»*»tins.V*«*sht willorettore«,-i<j ,«T ibvrnK.tuJicjrr.Butthai(•*amhpupos*,«1(.ctcJreportiu»»hwtl
tocr.uii:Ivi a vnhuL-i;tinart »Ilb?{•(•.-tcihagsW nwdc *h«.br.'cnrJ»r..lidc«>be icuiwinywtits^rWrutii|v.av.-htch llx *w*\i\u>t>e b«crl
CRIMEWATCH
Miami-Dade Police
offer tools to cut crime
BY CARMEN GONZALEZ
CALDWELL
Special to TheMiamiHerald
This week 1 want to
share with you some great
tools offered by Miami-
DadePolice,whichcan
helpyounotonlybesafe
but also better informed.
Thesetoolscanhelppre
vent crime,helpsolve
crimesandhelpyouknow
whatisgoingoninyour
immediate area:
NEW MIAMI-DADE
POLICE CELLPHONE
APP
Many crime watchers are
usingthe new COP(Com
munity onPatrol)app,a
greattoolforreporting
everything from crimes to
suspicious incidents.Just
gotoAppleorAndroidapp
store and search for Com
munity onPatrol.
MIAMI-DADE COUNTY
SEXUAL OFFENDER &
PREDATOR SEARCH
AnyFloridaresidentwho
has been convicted of a
sexual offense (including
anyone convicted inanother
state)must registerasa
sexual offender with the
office of the local sheriff.In
the case of Miami-Dade
County,that istheMiami-
DadePolice Department.
Sexual offenders must dis
closewhere they live,and
mustnotifythepolicewhen
theyrelocate.Thisinforma-
Miami-Dade Police's new
Community onPatrol
cellphone app.
tion is entered into the
Sexual Predator/Offender
database of the Florida
Department LawEnforce
ment Membersofthepub
lic can search this database
at http://gisweb.iuiami
dade.gov/sexoffenders/and
determine whether they or
theirchildren,intheirrou
tineactivities(walkingfrom
thebusstop,bikingtoa
friend'shouse,orgoingto
the mall)arelikelytoen
counter these offenders.
MIAMI-DADE COUNTY'S
CRIME VIEW
COMMUNITY
Miami-Dade County's
Crime View Community is
an online tool at
http://www.crime
mapping.com/map/fl/
miami-dadecounty,which
residents canuseto keep
themselves informed about
crime in the areas of interest
to them,such as near their
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Userscansignuptore
ceive automated email
alerts about recent criminal
events inspecificareas.
While this online tool works
inallareasofunincorporat
edMiami-Dade,it doesn't
work in some of the munici
palities.Residents should
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ernment to see if a similar
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municipality.
HOMICIDE BUREAU-
COLD CASE SQUAD
Advancesintechnology
andforensicshave givena
boost to the work of Miami-
Dade Police's Cold Case-
Squad.However,despite
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thereareabout 2,000 cold
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Maybeyouknow something
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MIAMI-DADE POLICE
ON SOCIAL MEDIA
Follow MDPD on Twit
terat https://twitter.com/
MiamiDadePD and visit
the department on
YouTube at
www.youtube .com/user/
mdpdmedia.
Carmen Caldwell is
executivedirector of
Citizens'CrimeWatchof
Miami-Dade.Sendfeedback
and newsforthis column to
carmen@citizenscrime
watch.org,orcallherat
305-470-1670.
MSAWli DAILY BUSINESS REVIEW
PublishedDailyexceptSaturday,Sundayand
Legal Holidays
Miami.Miami-DadeCounty,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
OCTELMA V.FERBEYRE.whoonoathsaysthatheorsheis
the VICE PRESIDENT,Legal Notices ofthe Miami Daily
Business Review f/k/a Miami Review,a daily (except
Saturday,SundayandLegal Holidays)newspaper,
published at Miami in Miami-Dade County.Florida;thatthe
attachedcopyofadvertisement,beinga Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-NOV.15.2016
in the XXXX Court,
was published insaid newspaper inthe issues of
11/04/2016
Affiant further saysthatthesaid Miami Daily Business
Reviewisa newspaper publishedat Miami,insaid
Miami-Dade County,Florida andthatthesaidnewspaperhas
heretofore been continuously published insaidMiami-Dade
County,Florida eachday(except Saturday,Sundayand
LegalHolidays)and has been entered as second class mail
matter atthepost office in Miami insaid Miami-Dade County,
Florida,for a period ofoneyearnext preceding the first
publication oftheattachedcopyofadvertisement;andaffiant
further says that heorshehas neither paid nor promised any
person,firm orcorporationanydiscount,rebate,commission
or refund forthepurposeofsecuringthisadvertisementfor
publication inth
Sworn to and subscribed before me this
4 day of NOVEMBER,A.D.2016
(SEAL)
OCTELMA V.FERBEYRE personallyknowntome
^»S\
5 •^a^;05
NOTICE IS HEREBY given that the City Commission of the City of South
Miami Florida will conduct Public Hearing(s)atits regular City Commission
meeting scheduled for Tuesday,.November 15,2016,beginning at 7:00 p.m.,
in the City Commission Chambers,6130 Sunset Drive,to"consider the
following item(s):
A Resolution authorizing the City Manager to procure online
registration module of ReCPro with R.C.Systems,Inc.
AResolution authorizing the City Manager to purchase Microsoft
365 software and enter into a licensing agreement with SHI
International Corp.,an authorized contractor for Microsoft,
through a piggyback with the State of Florida Contract No.
4320000-15-02.
AResolution authorizing the City Manager to purchase Check Point
firewall software appliance from Compuquip Technologies,LLC,
an authorized reseller of Check Point LTD,through a piggyback
with the State of Maryland Contract No.060B2490022.
An Ordinance amending the Land Development Code,Article VI,
'Section 20-6.1,and other applicable provisions,todefine the term
"less restrictive"as it applies to the voting requirements of the City
Commission.
An Ordinance vacating and abandoning a portion of SW 82 Street
more fully described in a legal description herein,subject to certain
conditions,including the preservation ofan easement.
/An Ordinance amending Section 20-6.1 of the City of South Miami \
(-Land Development Code,to make corrections and to amend they
^membership and quorum requirements for the Planning Board..
An Ordinance amending the,Chapter 2,Article I,Section 2-2.1 (B),
(C)and (C)1 and-2 to modify the capitalization of key words and
toadd requirements for Sunshine Meetings.
An Ordinance amending the City of South Miami Land Development
Article VI,Section 20-6.1 (B)(4)(a)Hi to provide for a recommendation
ofthePlanning Board when the Board is deadlocked.
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.
MariaM.Menendez,CMC
CityClerk
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.16.133/0000168486M '